Cornelius v. B. Filippone Co., Inc.

The opinion of the court was delivered by

Donges, J.

This is an appeal from a judgment of the Clifton District Court. The case was submitted to the District Court on a stipulation of facts. This stipulation discloses that the infant plaintiff was made ill by eating peas from a can purchased from a grocery store. The can bore the label “Caroline Brand of Early June Peas,” which label stated that Saulsbury, Bros., Incorporated, was the distributor. This corporation was named as a defendant and service on it was attempted, but was set aside. The can of peas was purchased by the keeper of the…