Martin v. Great Atlantic & Pacific Tea Co.

Opinion op the Court by

Judge Thomas

Reversing.

The defendant, the Great Atlantic and Pacific Tea. Company, operates a great number of retail grocery stores throughout the country, including this Commonwealth, one of which is located in Corbin, Kentuclcy-

On April 1, 1944, the appellant, A. L. Martin, as a customer of appellee’s retail store in Corbin, purchased from it a sealed package of “chili con carne”' to be consumed as food by himself and family. The-package was opened by plaintiff after his arrival at his home, and a part of its contents was consumed by his family, including himself.…