Mouren v. Great Atlantic and Pacific Tea Co.
| Decision Date | 11 July 1956 |
| Citation | 1 N.Y.2d 884,154 N.Y.S.2d 642,136 N.E.2d 715 |
| Parties | , 136 N.E.2d 715 Alice A. MOUREN et al., Respondents, v. GREAT ATLANTIC AND PACIFIC TEA COMPANY, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 1 A.D.2d 767, 148 N.Y.S.2d 1.
Action was brought to recover for disease contracted by plaintiffs allegedly as result of eating contaminated beef purchased at meat department of defendant.
The Supreme Court, Trial Term, New York County, Part XXI, Edward J. McCullen, Judge of the Court of General Sessions temporarily assigned as Supreme Court Justice, 139 N.Y.S.2d 375, entered judgment for one of the plaintiffs for $10,000 and for the other plaintiff for $5,000 and held that there was an implied warranty that beef was fit for human consumption, and that such warranty extended to plaintiff wife, though beef was purchased by plaintiff husband, and that defendant was liable to both of the plaintiffs.
The defendant appealed to the Appellate Division.
The Appellate Division, 1 A.D.2d 767, 148 N.Y.S.2d 1, modified and affirmed the judgment and held that awards were excessive and reduced them to $6,000 and $3,000. Cox, J., dissented.
The defendant appealed to the Court of Appeals.
Judgment affirmed, with costs.
All concur.
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