Rinaldi v. Mohican Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Mohican Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Schenectady on the 22d day of December, 1915, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new. trial made upon the minutes.
1Opinion of the Court
Howard, J.:
The plaintiff became infected with a parasite found in pork and known as trichina. She purchased the pork from the defendant, a retail dealer. The meat appeared clean, good and wholesome. It also bore the United States government stamp to the effect that it was sound and fit for consumption and free from defect. The plaintiff cooked the meat and she and her family ate it and were made sick. She has recovered a judgment against the defendant for the damages which she suffered, upon the theory that the' sale of the pork for immediate consumption carried with it an implied warranty…
2Cases cited3 opinions
- Wiedeman v. KellerIllinois Supreme Court · 1897
- Bigelow v. Maine Central RailroadSupreme Judicial Court of Maine · 1912
- Race v. KrumAppellate Division of the Supreme Court of the State of New York · 1914
3Cited by9 opinions
- Kelley v. John R. Daily Co.Montana Supreme Court · 1919
- Race v. . KrumNew York Court of Appeals · 1918
- Flessher v. Carstens Packing Co.Washington Supreme Court · 1916
- Cushing v. RodmanCourt of Appeals for the D.C. Circuit · 1936
- Howson v. Foster Beef Co.Supreme Court of New Hampshire · 1935
4 more not listed; retrieve them via the Exa API.