PARISH v. ATL. & PAC. TEA CO.


13 Misc.2d 33 (1958)

Julia Parish, Individually and as Guardian ad Litem of Andrea Parish, et al., Infants, Plaintiffs, v. Great Atlantic & Pacific Tea Co., Defendant.

Municipal Court of the City of New York, Borough of Manhattan.

June 24, 1958.


Attorney(s) appearing for the Case

Lewis B. Stackell for plaintiffs.

Charles T. Hall for defendant.


GEORGE STARKE, J.

In this nonjury case, a retailer is being sued by the plaintiff individually and as guardian ad litem of her two infant daughters, for both negligence and breach of warranty. All three claim personal injuries as a result of eating jam which allegedly contained foreign deleterious substance.

The plaintiff mother purchased the jam (a sealed jar) from the defendant.

In the absence...

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