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MARTIN v. BENGUE, INC.

44 N.J. Super. 429 (1957)

130 A.2d 863

FRANK MARTIN, PLAINTIFF-APPELLANT, v. BENGUE, INC., A CORPORATION, AND THOS. LEEMING & CO., INC., A CORPORATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 11, 1957.

Attorney(s) appearing for the Case

Mr. S. Arthur Stern argued the cause for plaintiff-appellant (Messrs. Stern and Fine, attorneys; Mr. Donald S. Kates, on the brief).

Mr. James P. Beggans argued the cause for defendant Bengue, Inc. (Messrs. Carpenter, Bennett, Beggans & Morrissey, attorneys; Mr. Milton A. Dauber, on the brief).

Mr. Joseph Keane argued the cause for defendant Thos. Leeming & Co., Inc. (Messrs. Milton, McNulty & Augelli, attorneys; Mr. John B. O'Neill, on the brief).

Before Judges CLAPP, JAYNE and FRANCIS.

The opinion of the court was delivered by CLAPP, S.J.A.D.

This action is brought by plaintiff against defendants Bengue, Inc. and Thos. Leeming & Co. Inc., for injuries sustained by him. He claims these injuries were the result of a breach of defendants' common law and statutory duties to warn users of an ointment, called "Ben-Gay," as to the inflammability of the vapors emitted by it. The ointment is manufactured by Bengue from a secret formula, and distributed...

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