Nihill
Rexall Drug Co. v. Nihill
Opinion
Lead Opinion
Jertberg, J.
Appellants appeal from a judgment in damages for personal injury against them in the sum of $48,000 entered in favor of appellee, Sandra Mae Nihill, a minor, following a jury verdict.
Jurisdiction was vested in the district •court under the provisions of Title 28 U.S.C.A. § 1832 , by reason of diversity of ■citizenship. The appellee is a citizen of the State of North Dakota. The appellant, Arnold L. Lewis, doing business as Studio Cosmetics Company, is a citizen and resident of the State of California, and the appellant Rexall Drug Company, a corporation, is a corporation organized under the laws of the State of Delaware, and authorized to do business in the State of California.
Appellant,. Arnold L. Lewis, was the manufacturer of a home permanent wave preparation, which product was known and sold as Cara Nome Natural Curl Pin Curl Permanent. 1 The product was manufactured and packaged by the appellant Lewis under contract with Rexall Drug Company, which in turn distributed it throughout the United States.
The record discloses that the product used by appellee is designed to curl women’s hair and is commonly known as a “‘home permanent”; that such product made its first…