McSorley v. Katz
Superior Court of Pennsylvania
Appeal, No. 157, Oct. T., 1912, by plaintiff, from order of C. P. No. 2, Phila. Co., March Term, 1906, No. 1,204, entering judgment for defendant n. o. v. in case of Susan McSorley v. J. Joseph Katz. Assumpsit on a warranty. Before Staples, P. J., specially presiding. The facts are stated in the opinion of the Superior Court.
1Opinion of the Court
Opinion by
Orlady, J.,
This action of assumpsit was brought to recover damages for injuries- sustained by the plaintiff in consequence of an accident which she describes as follows: Katz was the proprietor of a grocery, to which the plaintiff went on September 2, 1905, to purchase a pint of molasses. Katz stated that he did not have it loose, but he had it in cans, which the plaintiff agreed would do, and it was furnished to her in the usual course of purchase of such articles. It was in a closed tin can, but was not sealed by any added substance. The top, or crown, was firmed in by pressure…
2Cases cited1 opinion
- Strawbridge v. HawthorneSuperior Court of Pennsylvania · 1911
3Cited by5 opinions
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- Kratz Et Vir v. American Stores Co.Supreme Court of Pennsylvania · 1948
- Honea v. City Dairy, Inc.California Supreme Court · 1943