11 Cust. Ct. 296 | Cust. Ct. | 1943
Opinion by
Plaintiff’s sole witness, manager of. the plaintiff corporation, testified that he and his friends had used these balls to play “catch” at several beaches in California and that the balls, being gas filled, were especially adapted for beach use because they would float in water. He stated he had seen the balls used by both adults and children and he thought they were mainly used by adults, i. e., roughly about 60 percent by adults and 40 percent by children, and added that that was a guess. On cross-examination he testified that he would give this ball to children for amusement, and, further, in answer to the question, “So you could call it a toy?” he answered “One interpretation, yes, s.'r.”