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NEUMANN EX REL. NEUMANN v. WILDERMANN

35 N.J. Super. 562 (1955)

114 A.2d 560

HENRY NEUMANN, IND. AND JACOB ERICH NEUMANN, BY HIS GUARDIAN AD LITEM, HENRY NEUMANN, PLAINTIFFS-APPELLANTS, v. HELMUT H. WILDERMANN, T/A BOULEVARD PORK STORE, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 26, 1955.

Attorney(s) appearing for the Case

Mr. Arthur A. Donigian argued the cause for appellants.

Mr. William R. Morrison argued the cause for respondent (Mr. John E. Selser and Mr. Benedict E. Lucchi, attorneys).

Before Judges GOLDMANN, FREUND and CONFORD.

The opinion of the court was delivered by GOLDMANN, S.J.A.D.

Plaintiffs contracted trichinosis, allegedly suffered as a result of eating "schinken" (ham) purchased from defendant. They sued for damages, recovery being sought on two theories: implied warranty that the food was fit for human consumption, and negligence. The jury returned a unanimous verdict of no cause of action in favor of defendant. Plaintiffs' appeal from the resultant judgment entered on the verdict...

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