Race v. . Krum
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 25, 1914, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. A retail dealer or restaurant keeper is not an insurer of the quality of his food. He should be held liable only where he knowingly or negligently serves bad food. (Valeri v. Pullman Co., 218 Fed.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 25, 1914, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. A retail dealer or restaurant keeper is not an insurer of the quality of his food. He should be held liable only where he knowingly or negligently serves bad food. (Valeri v. Pullman Co., 218 Fed. Rep. 519; Wright v. Hart, 18 Wend. 449; Van Bracklin v. Fonda, 12 Johns. 467; Moses v. Mead, 1 Den. 378; 5 Den. 617; Burch…
1Opinion of the CourtMcLaughlin, J.
This action was brought to recover damages for personal injuries alleged to have resulted from the consumption by plaintiff of unwholesome and poisonous ice cream sold to him by defendant. The complaint contains two causes of action. In the first a recovery is asked on the ground that defendant was negligent in selling the cream and in the other that he warranted it to be fit for human consumption. A majority of the' court is of the opinion that the answer put in issue the material allegations of each. At the conclusion of the evidence, however, plaintiff elected to go to the jury only upon…
2Cases cited24 opinions
- Roberson v. . Rochester Folding Box Co.New York Court of Appeals · 1902
- Doyle v. Fuerst & Kraemer, Ltd.Supreme Court of Louisiana · 1911
- Ostrom v. . GreeneNew York Court of Appeals · 1900
- Colonial City Traction Co. v. Kingston City RailroadNew York Court of Appeals · 1897
- Parks v. C. C. Yost Pie Co.Supreme Court of Kansas · 1914
19 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Jacob E. Decker & Sons, Inc. v. CappsTexas Supreme Court · 1942
- Burkhardt v. Armour & Co.Supreme Court of Connecticut · 1932
- Friend v. Childs Dining Hall Co.Massachusetts Supreme Judicial Court · 1918
- Greco v. S. S. Kresge Co.New York Court of Appeals · 1938
- Mix v. Ingersoll Candy Co.California Supreme Court · 1936
53 more not listed; retrieve them via the Exa API.