DiGREGORIO v. CHAMPLAIN VALLEY FRUIT CO.

No. 37-68.

255 A.2d 183 (1969)

Philomena DiGREGORIO and Joseph DiGregorio d. b. a. Quality Market v. CHAMPLAIN VALLEY FRUIT CO., Inc., Continental National American Group of Insurance Companies.

Supreme Court of Vermont. Chittenden.

May 6, 1969.


Attorney(s) appearing for the Case

Black, Wilson, Curtis & Bryan, Burlington, for plaintiffs.

A. Pearley Feen and Paul D. Sheehey, Burlington, for defendants.

Before HOLDEN, C. J., and SHANGRAW, BARNEY and KEYSER, JJ., and LARROW, Superior Judge.


HOLDEN, Chief Justice.

The plaintiffs, who operate the Quality Market in Burlington, purchased some bananas from the defendant Champlain Valley Fruit Company. One of the bananas contained a glass fruit thermometer which had been inserted by the defendant wholesaler. The fruit that contained the thermometer, or fragments of the instrument, was retailed by the plaintiffs to Mrs. Barbara Malloy who injured her teeth when she undertook to eat the banana. She later brought...

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