Deeves v. Fabric Fire Hose Co.

The defendant moves to dismiss the second cause of action alleged in the complaint on the ground that it does not state facts sufficient to constitute a cause of action. That cause of action, briefly stated, alleges that the plaintiff, an employee of the City of New Rochelle, suffered personal injuries as a result of the bursting of fire hose purchased by the city from the defendant; that the injury occurred while the plaintiff was testing the hose under pressure prior to use in fighting fires; and that the defendant, both by express and implied warranties, had represented that the hose would…