Legal Opinion

Haller v. Rudmann

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1937PublishedCited by 12 opinions

1Opinion of the Court

Action by plaintiff wife to recover damages for injuries sustained when, while unscrewing and removing the metal cap from a bottle in which rubbing alcohol had been sold to her by defendant, a retail druggist, she cut her finger on the broken thread of the bottle, which defect was not apparent until she had removed the cap. The complaint was based on negligence and breach of an implied warranty. Action by plaintiff husband for the expenses incurred and for loss of his wife’s services. Upon the trial plaintiffs relied solely upon the cause of action for breach of an implied warranty. Judgment…

2Cases cited3 opinions

  1. Gimenez v. Great Atlantic & Pacific Tea Co.New York Court of Appeals · 1934
  2. McSpedon v. KunzNew York Court of Appeals · 1936
  3. McSpedon v. KunzAppellate Division of the Supreme Court of the State of New York · 1935

3Cited by12 opinions

  1. Fulbright v. Klamath Gas CompanyOregon Supreme Court · 1975
  2. Vallis v. Canada Dry Ginger Ale, Inc.California Court of Appeal · 1961
  3. Prince v. SmithSupreme Court of North Carolina · 1961
  4. Poplar v. Hochschild, Kohn & Co.Court of Appeals of Maryland · 1942
  5. Mahoney v. Shaker Square Beverages, Inc.Cuyahoga County Common Pleas Court · 1951

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