O'BRIEN v. COMSTOCK FOODS, INC.

No. 327.

212 A.2d 69 (1965)

Ursula O'BRIEN and Frederick W. O'Brien v. COMSTOCK FOODS, INC.

Supreme Court of Vermont. Chittenden.

July 7, 1965.


Attorney(s) appearing for the Case

Robert M. Rosenberg, Jr., and Lisman & Lisman, Burlington, for plaintiff.

Black, Wilson & Hoff, Burlington, for defendant.

Before HOLDEN, C. J., SHANGRAW, BARNEY and SMITH, JJ., and O'BRIEN, Superior Judge.


HOLDEN, Chief Justice.

The plaintiff Ursula O'Brien presents two complaints for personal injuries which she claims were caused by eating a piece of glass, contained in a can of string beans packed by the defendant. Her first complaint is founded on an alleged breach of warranty; the second charges negligence in the packing of the product. Her husband seeks redress for similar injuries and he, too, resorts to actions in contract and tort to recover his damage.

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