Legal Opinion
Day v. Grand Union Co.
Appellate Division of the Supreme Court of the State of New York
Decided June 13, 1952PublishedCited by 19 opinions
1Opinion of the CourtBergan, J.
Plaintiff came into defendant-respondent’s self-service grocery store in Schenectady and picked up from a counter a bottle of beer which exploded in her hand. Showing these facts on the trial of her claim for personal injury, plaintiff rested and her complaint was dismissed.
There was no “ breach ” of a “ contract ” of warranty of fitness of the contents of the bottle for consumption, or of the fitness of the bottle to hold the contents, shown to bring the case within the familiar rules that apply to such situations. No such warranty was here to be implied because there was no consummated…
2Cases cited3 opinions
- Ryan v. Progressive Grocery Stores, Inc.New York Court of Appeals · 1931
- Rinaldi v. . Mohican Co.New York Court of Appeals · 1918
- Lasky v. Economy Grocery StoresMassachusetts Supreme Judicial Court · 1946
3Cited by19 opinions
- Dermatossian v. New York City Transit AuthorityNew York Court of Appeals · 1986
- People v. OlivoNew York Court of Appeals · 1981
- Giant Food, Inc. v. Washington Coca-Cola Bottling Co.Court of Appeals of Maryland · 1975
- Fender v. Colonial Stores, Inc.Court of Appeals of Georgia · 1976
- Groomes v. United StatesDistrict of Columbia Court of Appeals · 1959
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