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Products Liability Keyed to Fischer, 6th Ed.
Spruill v. Boyle-Midway, Inc.
Citation:
308 F.2d 79 (1962)Facts
On November 13, 1959, the mother of the deceased infant purchased “Old English Red Oil Furniture Polish” and was using it to polish furniture in her home. While polishing furniture in the child’s bedroom, she placed the polish bottle on the end of a bureau out of the child’s reach and left the room for approximately 4-5 minutes to take a catalog to her mother’s home next door. The 14-month-old child was in his crib in the corner of the room. When the mother returned, she discovered that the child had pulled a cover-cloth from the bureau into his crib, bringing the polish bottle with it. The child had removed the cap and consumed a small portion of the polish. The child was hospitalized and died two days later from hydrocarbon pneumonia caused by ingesting the petroleum distillate in the polish.
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