Legal Opinion
Mahoney v. Shaker Square Beverages, Inc.
Cuyahoga County Common Pleas Court
Decided November 29, 1951No. 607194PublishedCited by 11 opinions
1Opinion of the Court
*202OPINION
By MERRICK, J:
Plaintiff contends she was employed in the household of the purchaser of a case of ale. While removing one of the bottles from the case carton, one of the bottles exploded, injuring the plaintiff.
Plaintiff’s complaint is brought against the retailer of the ale which was manufactured and bottled in Canada under the name “Black Horse Ale.”
The theory of plaintiff’s case is bottomed upon a claim of implied warranty. Defendant demurred on the ground that no cause of action was stated. This raises two very interesting questions:—(1) Was there an implied warranty by the retailer…
2Cases cited8 opinions
- Ryan v. Progressive Grocery Stores, Inc.New York Court of Appeals · 1931
- Smith v. Peerless Glass Co.New York Court of Appeals · 1932
- Roberts v. Anheuser Busch Brewing Ass'nMassachusetts Supreme Judicial Court · 1912
- Naumann v. Wehle Brewing Co.Supreme Court of Connecticut · 1940
- Haller v. RudmannAppellate Division of the Supreme Court of the State of New York · 1937
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Henningsen v. Bloomfield Motors, Inc.Supreme Court of New Jersey · 1960
- Nichols v. NoldSupreme Court of Kansas · 1953
- Peterson v. Lamb Rubber Co.California Supreme Court · 1960
- Vallis v. Canada Dry Ginger Ale, Inc.California Court of Appeal · 1961
- Canada Dry Bottling Company of Florida v. ShawDistrict Court of Appeal of Florida · 1960
6 more not listed; retrieve them via the Exa API.