DAY v. GRAND UNION CO.


280 A.D. 253 (1952)

Rose M. Day, Appellant, v. Grand Union Company, Respondent, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 13, 1952.


Attorney(s) appearing for the Case

James A. Leary, Walter A. Fullerton and Francis J. Keehan for appellant.

Thomas F. Tracy and Charles B. Sullivan for respondent.

FOSTER, P. J., and COON, J., concur;


BERGAN, 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...

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