Smith v. Clarke Hardware Co.

Little, Justice.

Smith brought an action against the Clarke Hardware Company, to recover damages for personal injuries alleged to have been sustained by him by reason of the explosion in his face of a cartridge purchased from said company. In his declaration the plaintiff alleges, substantially, that lie applied to an employee of the defendant company for a particular kind of loaded cartridges, to wit No. 38 calibre for a Winchester rifle, and that defendant’s agent to sell negligently gave to plaintiff certain loaded cartridges which were represented to be of the kind and calibre asked for,…