Legal Opinion
Gay v. A & P Food Stores
Civil Court of the City of New York
Decided May 29, 1963PublishedCited by 4 opinions
1Opinion of the CourtArthur Wachtel, J.
This is an action to recover damages for personal injuries sustained by the infant plaintiff against *361the retailer based on negligence and breach of warranty. The cause of action based on negligence was dismissed on the trial and the court limited plaintiff’s case to breach of implied warranty of merchantability.
Plaintiff, Blanche Gray, purchased from the defendant a can of whole kernel corn bearing the defendant’s brand name. The can of corn was used on the evening of the day it was purchased. During the meal the infant plaintiff picked up a portion of corn from his plate with his spoon, saw…
2Cases cited23 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Meiselman v. Crown Heights Hospital, Inc.New York Court of Appeals · 1941
- Mitchell v. . Rochester Railway Co.New York Court of Appeals · 1896
- Ryan v. Progressive Grocery Stores, Inc.New York Court of Appeals · 1931
18 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Wisniewski v. GREAT A. & P. TEA. CO.Superior Court of Pennsylvania · 1974
- Wisniewski v. Great Atlantic & Pacific Tea Co.Superior Court of Pennsylvania · 1974
- Luna v. American AirlinesDistrict Court, S.D. New York · 2009
- Vamos v. Coca-Cola Bottling Co.Civil Court of the City of New York · 1995