Anita Pritchard, Administratrix of the Estate of Otto E. Pritchard, Deceased v. Liggett & Myers Tobacco Company, a Corporation

AMENDED OPINION OF THE COURT

This matter was heretofore before the Court on an appeal from a judgment in favor of the defendant in an action for personal injury based on negligence and breach of warranty. 350 F.2d 479, cert. den. 382 U.S. 987, 86 S.Ct. 549, 15 L.Ed. 2d 475. The appeal was from that portion of the judgment which was predicated upon the jury’s determination on the issues relating to the alleged breach of warranty. The judgment was reversed and the action was remanded to the court below “with the direction that a new trial be had.” The matter is now before the court on a “Motion…