Legal Opinion

Natale v. Pepsi-Cola Co.

Appellate Division of the Supreme Court of the State of New York

Decided February 17, 1959PublishedCited by 12 opinions

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.

Th…

2Cases cited3 opinions

  1. Fredendall v. Abraham & Straus, Inc.New York Court of Appeals · 1938
  2. Razey v. J. B. Colt Co.Appellate Division of the Supreme Court of the State of New York · 1905
  3. Eisenbach v. Gimbel Bros., Inc.New York Court of Appeals · 1939

3Cited by12 opinions

  1. Signal Oil & Gas Co. v. Universal Oil ProductsTexas Supreme Court · 1978
  2. Erdman v. Johnson Bros. Radio & Television Co.Court of Appeals of Maryland · 1970
  3. Frank Borowicz v. Chicago Mastic Company, Frank Borowicz v. Chicago Adhesive Products CompanyCourt of Appeals for the Seventh Circuit · 1966
  4. Republic Corporation v. Procedyne CorporationDistrict Court, S.D. New York · 1975
  5. Kennedy v. FriedmanCourt of Appeals of Georgia · 1970

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