Noonan v. Great Atlantic & Pacific Tea Co.

The opinion of the court was delivered by

Lloyd, J.

This is an appeal by the Great Atlantic and Pacific Tea Company from a judgment entered against it in the Supreme Court in favor of the plaintiff Christina Noonan in the sum of $5,000, and in favor of her husband, Michael Noonan, for $1,000; both verdicts resting upon the alleged negligence of the defendant in handling its supplies in the form of bottled drinks.

The grounds of appeal which it is necessary to consider are that the trial court improperly applied the doctrine of res ipsa loquitur, and also that under that doctrine it imposed a…