Parish v. Great Atlantic & Pacific Tea Co.

In this nonjury case, a retailer is being sued by the plaintiff individually and as guardian ad litem of her two infant daughters, for both negligence and breach of warranty. All three claim personal injuries as a result of eating jam which allegedly contained foreign deleterious substance.

The plaintiff mother purchased the jam (a sealed jar) from the defendant.

In the absence of any proof that the defendant, as retailer, was negligent in any manner in the handling of the product from the time of its receipt to the time of sale, that branch of defendant’s motion seeking dismissal of the cause…