Legal Opinion

Uffner v. Campbell Soup Co.

City of New York Municipal Court

Decided October 5, 1954PublishedCited by 2 opinions

1Opinion of the CourtCarney, J.

The summons in this case contained two causes of action. Action No. 1 was against both defendants for personal injuries sustained by the plaintiff due to the negligence of the defendant in the manufacture and sale of a can of soup containing a dead fly. Action No. 2 was against defendant Shapiro for breach of warranty of the fitness of food arising out of the said sale. Plaintiff claimed that while eating the soup she saw the dead fly in her plate, and immediately became nauseous and sick as a result. During trial action No. 1 was dismissed on consent.

After considering all of the evidence and…

2Cases cited3 opinions

  1. Carroll v. New York Pie Baking Co.Appellate Division of the Supreme Court of the State of New York · 1926
  2. Willis v. Safeway Stores, Inc.Appellate Terms of the Supreme Court of New York · 1951
  3. Copeland v. F. W. Woolworth Co.Appellate Terms of the Supreme Court of New York · 1946

3Cited by2 opinions

  1. Valenti v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 1994
  2. Gay v. A & P Food StoresCivil Court of the City of New York · 1963

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