P, a 6-year-old minor, brought this action to recover damages for injuries caused by fire while he endeavored to fill a toy cigarette lighter with lighter fluid. Zussman (D) owned and operated a gumball machine which dispensed the miniature toy lighter, and Rivera (D) owned the premises on which the gumball machine was placed and who had sold the lighter fluid to P. P obtained the miniature cigarette lighter as a prize from said gumball machine and then immediately purchased lighter fluid from Rivera (D) and 'set himself on fire when he attempted to fill the lighter with the lighter fluid.' P charged Ds with negligence in giving cigarette lighters as prizes in gumball machines and in selling lighter fluid to P when Ds knew or should have known that the lighter and lighter fluid were dangerous to children of tender years. P alleged that Ds negligently failed to warn of the danger involved; failed to remove the cigarette lighters from the gumball machine; and improperly maintained, operated, and inspected the premises and gumball machine therein, permitting a child of tender years to use it to his injury. The complaint was dismissed for a failure to state a cause of action. P appealed.

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