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LEB320F case brief - 10/15 Extra Credit Brief 1 Citation...

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10/15 Extra Credit Brief 1. Citation : Marguerite Jamieson v. Woodward and Lothrop 101   U.S. App. D.C. 32; 247 F.2d 23; 1957 U.S. App. LEXIS 5404 2. Facts: Marguerite Jamieson bought from an elastic exerciser manufactured by Helena Rubinstein, Inc., from a department store called Woodward and Lothrop. 'Lithe-Line' was the brand name she purchased and no special instructions as to how to use the item was given to her by the salesperson. While using the exerciser she suffered a sudden unconsciousness and the exerciser slipped and struck her in the eye. She testified that she did not know what had happened. She sued Woodward & Lothrop for breach of warranty and Helena Rubinstein, Inc., for negligence. The defendants answered and the Appellant's deposition was taken. The exerciser in question and the printed instructions given with it were introduced as exhibits. The District Court, on the basis of the complaint, the answers, the deposition, and the exhibits, granted summary judgment for the defendants and an appeal followed.
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