Legal Opinion

Matthews v. Campbell Soup Company

District Court, S.D. Texas

Decided August 13, 1974No. Civ. A. 73-H-1319PublishedCited by 17 opinions

1Opinion of the Court

MEMORANDUM AND ORDER:

SEALS, District Judge.

This action is before the Court on a Motion for Summary Judgment filed by Defendant. In this diversity suit, 28 U. S.C. § 1332(a)(1), Plaintiff seeks to recover for injuries to his teeth and gums which were allegedly suffered while he was eating the contents of a can of Defendant’s Oyster Stew Soup. Plaintiff claims that the injuries were caused by a small deleterious object in the soup. Plaintiff surrendered this object to Defendant for examination and it has been identified as a small irregularly shaped oyster pearl.

Plaintiff sets forth two…

2Cases cited29 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. McKisson v. Sales Affiliates, Inc.Texas Supreme Court · 1967
  3. Reyes v. Wyeth LaboratoriesCourt of Appeals for the Fifth Circuit · 1974
  4. Jacob E. Decker & Sons, Inc. v. CappsTexas Supreme Court · 1942
  5. Robert D. Putman v. Erie City Manufacturing CompanyCourt of Appeals for the Fifth Circuit · 1964

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3Cited by17 opinions

  1. Goodman v. Wenco Foods, Inc.Supreme Court of North Carolina · 1992
  2. Ex Parte Morrison's Cafeteria of Montgomery, Inc.Supreme Court of Alabama · 1983
  3. Cain v. Sheraton Perimeter Park South HotelSupreme Court of Alabama · 1991
  4. Lamon v. McDonnell Douglas Corp.Court of Appeals of Washington · 1978
  5. Porteous v. St. Ann's Cafe & DeliSupreme Court of Louisiana · 1998

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