Walker v. Great Atlantic & Pacific Tea Co.

Mr. Judge Martin,.of the Commission of Appeals, delivered the opinion for the Court.

The parties will carry here their trial court designation.

Plaintiff purchased from defendant a can of com labeled, “Iona Brand Com, Distributors, The Great Atlantic and Pacific Tea Company, New York, net weight 11 ounces.” After eating this and other foods, all participants at a dinner became ill. A physician was immediately called and diagnosed the illness as ptomaine, or food poisoning. Suit was filed by plaintiff for damages to himself and wife, upon the theory of negligence, and of an implied warranty by…