Legal Opinion

Cole v. Great Atlantic & Pacific Tea Co.

New York Supreme Court

Decided December 19, 1964Published

1Opinion of the CourtRichard D. Simons, J.

This action is brought by the plaintiff to recover for personal injuries sustained while a patron of the defendant supermarket the Great Atlantic & Pacific Tea Co. in Hion, New York, on November 9, 1962. While in the section of the store reserved for bottled beverages, plaintiff was injured when she was bending over to reach for a bottle of beer. She heard an explosion behind her, felt a sharp stinging sensation on the back of her legs and observed blood flowing from her legs. Immediately to her rear was a section of shelves on which was stacked “Bubble-up”, a carbonated soda pop bottled by…

2Cases cited14 opinions

  1. Griffen v. . ManiceNew York Court of Appeals · 1901
  2. George Foltis, Inc. v. City of New YorkNew York Court of Appeals · 1941
  3. Smith v. Peerless Glass Co.New York Court of Appeals · 1932
  4. Torgesen v. . SchultzNew York Court of Appeals · 1908
  5. Bressler v. New York Rapid Transit Corp.New York Court of Appeals · 1936

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