Legal Opinion
Gimenez v. Great Atlantic & Pacific Tea Co.
New York Court of Appeals
Decided June 5, 1934PublishedCited by 53 opinions
1Opinion of the Court
Pound, Ch. J.
These are separate appeals in actions brought by a wife and her husband, which were tried together.
The wife’s amended complaint sets forth two causes of action: (1) Breach of warranty, and (2) negligence. Trial, however, was limited to the count for breach of warranty, it being claimed that certain crab meat procured by the wife in a sealed can from appellant, a retailer, was not fit for human consumption “ in that it contained a deleterious substance other than crab meat,” and that as a result of the deleterious substance her stomach became lacerated and cut. The husband’s…
2Cases cited6 opinions
- Ryan v. Progressive Grocery Stores, Inc.New York Court of Appeals · 1931
- Rinaldi v. . Mohican Co.New York Court of Appeals · 1918
- Chysky v. . Drake Brothers Co.New York Court of Appeals · 1923
- Gearing v. BerksonMassachusetts Supreme Judicial Court · 1916
- Abounader v. Strohmeyer & Arpe Co.New York Court of Appeals · 1926
1 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Blessington v. McCrory Stores Corp.New York Court of Appeals · 1953
- Greco v. S. S. Kresge Co.New York Court of Appeals · 1938
- Mendel v. Pittsburgh Plate Glass Co.New York Court of Appeals · 1969
- Griggs Canning Co. v. JoseyTexas Supreme Court · 1942
- Mull v. Colt Co.District Court, S.D. New York · 1962
48 more not listed; retrieve them via the Exa API.