McSpedon v. Kunz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
These two actions were brought by plaintiff'-wife to recover from the retailer, the wholesaler and the packer for injuries sustained as a result of eating pork chops infected with trichinae, and by the husband for the expenses incurred and loss of his wife’s services. The complaints alleged negligence on the part of the packer and breach of warranty on the part of the dealer and wholesaler. The dealer served a cross-bill against the wholesaler and the latter served a cross-bill against the packer. Both actions were tried together. After trial, judgment based on breach of warranty was directed…
2Cases cited1 opinion
- Gimenez v. Great Atlantic & Pacific Tea Co.New York Court of Appeals · 1934
3Cited by2 opinions
- Haller v. RudmannAppellate Division of the Supreme Court of the State of New York · 1937
- Dressler v. Merkel, Inc.Appellate Division of the Supreme Court of the State of New York · 1936