NATALE v. PEPSI-COLA CO.


7 A.D.2d 282 (1959)

Joseph Natale, an Infant, by Oscar Natale, His Guardian ad Litem, Respondent, v. Pepsi-Cola Company et al., Defendants, and Great Atlantic & Pacific Tea Co., Appellant

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

February 17, 1959.


Attorney(s) appearing for the Case

Norman C. Mendes of counsel (John J. Cullen with him on the brief; Mendes & Mount, attorneys), for appellant.

Jacob D. Fuchsberg of counsel (Abraham I. Nelson, attorney), for respondent.

RABIN, J. P., FRANK, VALENTE and BERGAN, JJ., concur.


McNALLY, J.

In an action for damages for injuries resulting from a bursting soda bottle, defendant-appellant Great Atlantic & Pacific Tea Co. appeals from a judgment for plaintiff in the sum of $200,291.25 after trial before the court and a jury.

The accident occurred on April 24, 1951. The left eye of the infant plaintiff was injured so that it was subsequently removed. The injury was caused by the...

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