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MARTELLA v. GREAT ATLANTIC & PACIFIC TEA COMPANY

Nos. 17927, 17928.

418 F.2d 1246 (1969)

Peter MARTELLA v. GREAT ATLANTIC & PACIFIC TEA COMPANY and Hunt-Wesson Sales Company, Inc., Division of Hunt Foods and Industries, Inc. Great Atlantic & Pacific Tea Company, Appellant in No. 17927. Hunt-Wesson Sales Company, Inc., Appellant in No. 17928.

United States Court of Appeals Third Circuit.

Decided November 24, 1969.

Attorney(s) appearing for the Case

Joseph Head, Swartz, Campbell & Detweiler, Philadelphia, Pa., for appellants.

Leonard M. Sagot, Ettinger, Poserina, Silverman, Dubin, Anapol & Sagot, Philadelphia, Pa., for appellee.

Before MARIS, SEITZ and STAHL, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

The defendants below appeal a $5,000 judgment entered against them in a Pennsylvania products liability case tried to the court and based on diversity jurisdiction.

The district court found that plaintiff suffered an acute episode of food poisoning as a result of drinking two glasses of tomato juice from a can packed by one defendant and retailed by the other.

Defendants first contend that the district court...

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