Legal Opinion
Hyams v. King Kullen Grocery Co.
City of New York Municipal Court
Decided November 22, 1961PublishedCited by 4 opinions
1Opinion of the CourtAbbaham B. Mabgtjlies, J.
Plaintiff wife, a customer in the King Kullen Grocery Company, Inc. store, was injured by the explosion of a beverage bottle containing Pepsi Cola. The bottle in question was on the shelves of the defendant, King Kullen, when it exploded. It appears that the beverage was bottled by the defendant, Pepsi Cola Metropolitan Bottling Company, Inc., and then delivered to the defendant, King Kullen, at its place of business. Plaintiff wife sustained injury to face resulting in scar.
The basis for the general rule that a manufacturer of a bottle or the bottler that fills it with charged soda water may…
2Cases cited16 opinions
- MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
- George Foltis, Inc. v. City of New YorkNew York Court of Appeals · 1941
- Zentz v. Coca Cola Bottling Co.California Supreme Court · 1952
- Galbraith v. BuschNew York Court of Appeals · 1935
- Plumb v. . Richmond Light R.R. Co.New York Court of Appeals · 1922
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3Cited by4 opinions
- Copher v. BarbeeMissouri Court of Appeals · 1962
- Lindenauer v. StateAppellate Division of the Supreme Court of the State of New York · 1974
- Uy v. Shapmor, Inc.Appellate Terms of the Supreme Court of New York · 1965
- Cole v. Great Atlantic & Pacific Tea Co.New York Supreme Court · 1964