Richard v. H. P. Hood & Sons, Inc.

This case is before us on the plaintiff’s appeal from a judgment entered by the superior court on a jury verdict in favor of the defendant on counts of negligence and breach of implied warranty respectively.

The pertinent facts are as follows. At approximately 7:30 a.m. on April 23, 1965, a deliveryman from defendant milk company delivered six half-gallon bottles of milk to plaintiff’s home. Within a reasonable time thereafter, plaintiff placed these bottles on the top shelf of his refrigerator. At *268approximately 8 p.m. that evening, plaintiff, who lacked fingernails, took one of these full…