COVIELLO v. HOFFMAN BEVERAGE CO.


207 Misc. 819 (1955)

Ruth M. Coviello, Respondent, v. Hoffman Beverage Company, Defendant, and Grand Union Company, Appellant.

Supreme Court, Appellate Term, First Department.

February 17, 1955.


Attorney(s) appearing for the Case

John P. Smith and John Nielsen for appellant.

Harry Zeitlan and Herbert L. Fine for respondent.

HOFSTADTER, EDER and BRADY, JJ., concur.


Per Curiam.

Plaintiff, a customer in defendant Grand Union's store, was injured as a result of the bursting of a bottle of ginger ale which she had taken from a shelf and was carrying around the store in a cart with other articles. The Trial Justice erroneously charged that, despite custody and control in plaintiff, res ipsa loquitur applied. In addition, the jury was not given a clear definition of the proof required to hold defendant as a vendor of...

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