Greco v. S. S. Kresge Co.
New York Court of Appeals
1Opinion of the CourtRippey, J.
Plaintiff is suing as administrator under section 130 of the Decedent Estate Law (Cons. Laws, ch. 13) for damages for the death of his wife alleged' to have resulted from the eating of infected pork frankfurters or sausages purchased from defendant, a retailer, on April 28, 1933. Two causes of action were set up in the complaint. The first was based upon the theory of a breach of an implied warranty that the food was fit for human consumption under section 96 of the Personal Property Law (Cons. Laws, ch. 41) and the second upon the theory of negligence. The second cause of action was…
2Cases cited27 opinions
- Johnson v. United StatesCourt of Appeals for the First Circuit · 1908
- Warner v. GoltraSupreme Court of the United States · 1934
- The Arizona v. AnelichSupreme Court of the United States · 1936
- Van Beeck v. Sabine Towing Co.Supreme Court of the United States · 1937
- Rich v. New York Central & Hudson River RailroadNew York Court of Appeals · 1882
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3Cited by80 opinions
- Kilberg v. Northeast Airlines, Inc.New York Court of Appeals · 1961
- Liff v. SchildkroutNew York Court of Appeals · 1980
- MacDonald v. ClingerAppellate Division of the Supreme Court of the State of New York · 1982
- Elaine Jones v. GriffithCourt of Appeals for the Fifth Circuit · 1973
- Lovejoy v. Minneapolis-Moline Power Implement Co.Supreme Court of Minnesota · 1956
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