Legal Opinion
Valeri v. Pullman Co.
District Court, S.D. New York
Decided December 30, 1914PublishedCited by 24 opinions
At Law. Action by Delia M. Valeri against the Pullman Company. On motion by defendant to dismiss complaint.
1Opinion of the Court
AUGUSTUS N. HAND, District Judge.
This was an action to recover damages for personal injuries sustained by plaintiff through eating food served to her by defendant upon its buffet car. The complaint alleged that the food was unwholesome, but contained no allegation of negligence on the part of the defendant, and sought to recover upon an alleged implied warranty that the food was fit for consumption. At the close of the entire case defendant moved to dismiss the complaint upon the ground:
“That, even if the food were unwholesome, there is nothing to hold the defendant liable for the existence…
2Cases cited8 opinions
- Travis v. L. & N. R. R.Supreme Court of Alabama · 1913
- Sheffer v. WilloughbyIllinois Supreme Court · 1896
- Bigelow v. Maine Central RailroadSupreme Judicial Court of Maine · 1912
- Clancy v. BarkerCourt of Appeals for the Eighth Circuit · 1904
- Merrill v. HodsonSupreme Court of Connecticut · 1914
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Mix v. Ingersoll Candy Co.California Supreme Court · 1936
- F. W. Woolworth Co. v. WilsonCourt of Appeals for the Fifth Circuit · 1934
- John Crews Rainey v. Paquet Cruises, Inc., Nouvelle Compagnie De Paquetvots, Cie.Court of Appeals for the Second Circuit · 1983
- Birmingham Chero-Cola Bottling Co. v. ClarkSupreme Court of Alabama · 1921
- Cushing v. RodmanCourt of Appeals for the D.C. Circuit · 1936
19 more not listed; retrieve them via the Exa API.