Vaccaro v. Prudential Condensed Milk Co.

This action was brought by the plaintiff to recover damages alleged to have been sustained by her by reason of having *557partaken of milk that was in an unwholesome condition. The action was tried and a verdict rendered by the jury in favor of the plaintiff, whereupon the defendant moved to set the verdict aside and to dismiss the complaint. The plaintiff’s case was tried solely on the theory of a breach of an implied warranty. The only question involved is whether or not an implied warranty ran to the plaintiff. The plaintiff testified that she bought and paid for the milk, which was for the…