Martin v. J. C. Penney Co.

On or about March 21,1955, Mrs. Louella Martin Kane, mother of David Martin, purchased a long-sleeved shirt from the J. C. Penney Company store at Everett, Washington. At the time of the purchase, she advised the clerk that she wanted the shirt as a birthday present for her fifteen-year-old son. The clerk informed her that the shirts on the table were the type being purchased for boys of that age. Mrs. Kane selected one.

On the morning of April 5, 1955, David was wearing the shirt, which was not buttoned or tucked into his trousers. As he walked by the electric range, the left-front burner was…