Natale v. Pepsi-Cola Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMcNally, J.
In an action for damages for injuries resulting from a bursting soda bottle, defendant-appellant Great Atlantic & Pacific Tea Co. appeals from a judgment for plaintiff in the sum of $200,291.25 after trial before the court and a jury.
The accident occurred on April 24, 1951. The left eye of the infant plaintiff was injured so that it was subsequently removed. The injury was caused by the bursting of a bottle of Pepsi-Cola which plaintiff stated he was attempting to open on the metal hasp of a gate of Public School 102, 113th Street between First and Second Avenues in the Borough of Manhattan.
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2Cases cited3 opinions
- Fredendall v. Abraham & Straus, Inc.New York Court of Appeals · 1938
- Razey v. J. B. Colt Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Eisenbach v. Gimbel Bros., Inc.New York Court of Appeals · 1939
3Cited by12 opinions
- Signal Oil & Gas Co. v. Universal Oil ProductsTexas Supreme Court · 1978
- Erdman v. Johnson Bros. Radio & Television Co.Court of Appeals of Maryland · 1970
- Frank Borowicz v. Chicago Mastic Company, Frank Borowicz v. Chicago Adhesive Products CompanyCourt of Appeals for the Seventh Circuit · 1966
- Republic Corporation v. Procedyne CorporationDistrict Court, S.D. New York · 1975
- Kennedy v. FriedmanCourt of Appeals of Georgia · 1970
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