RUPING v. GREAT ATL. & PAC. TEA CO.


279 A.D. 322 (1952)

John J. Ruping, as Executor of Sarah J. Ruping, Deceased, Respondent, v. Great Atlantic & Pacific Tea Company et al., Appellants, et al., Defendants

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

January 17, 1952.


Attorney(s) appearing for the Case

P. C. Dugan for Great Atlantic & Pacific Tea Company, appellant.

Malcolm G. Bibby for Cliquot Club Bottling Co., Inc., appellant.

John J. Sweeney for respondent.

FOSTER, P. J., BREWSTER, BERGAN and COON, JJ., concur.


HEFFERNAN, J.

On the 27th day of August, 1948, plaintiff's testatrix, his wife, was a patron in the store of the defendant the Great Atlantic & Pacific Tea Company, in the city of Watervliet, New York, and while there she was injured because of the explosion of a bottle of Cliquot Club ginger ale. The complaint alleges that her injuries were sustained without any negligence on her part but because of the combined negligence of the three defendants...

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