Brown

This diversity action was brought to recover damages for personal injuries suffered by Carol Lee Chapman as the result of the burning of a hula skirt which she was wearing. 1 Suit was brought against the owners of the shop which had sold the skirt. The complaint charged negligence and breach of warranty.

Following trial to a jury, a verdict in favor of Carol in the sum of $125,000.00 was rendered, the jury finding defendants free from negligence but liable for breach of implied warranty. Defendants moved for judgment notwithstanding the verdict and for new trial. These motions were denied, the opinion of the-district court appearing, as Chapman v. Brown, in 198 F.Supp. 78 .

This appeal is taken from judgment, and from the order denying the post-judgment motions of the defendants. The principal issues are presented by appellants’ contentions that the record establishes lack of privity, lack of notice of Carol’s claim of breach of warranty and that Carol had been contributorily negligent.

The hula skirt had been- purchased in Honolulu, Hawaii, in March, 1956, by Carol’s aunt, Frances Leppard of New Westminster, British Columbia, Canada. On November 2,1957, Carol, a resident of…