Zieba v. Pepsi-Cola Co.

Appellate Division of the Supreme Court of New York

Zieba v. Pepsi-Cola Co.

262 A.D. 914, 28 N.Y.S.2d 822, 1941 N.Y. App. Div. LEXIS 6460

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 30, 1941

StatusPublished

This text of 262 A.D. 914 (Zieba v. Pepsi-Cola Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Zieba v. Pepsi-Cola Co., 262 A.D. 914, 28 N.Y.S.2d 822, 1941 N.Y. App. Div. LEXIS 6460 (N.Y. Ct. App. 1941).

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Opinion

Action to recover damages for personal injuries caused by the explosion of a bottle of Pepsi-Cola. Judgment in favor of plaintiff reversed on the facts and a new trial granted, with costs to abide the event, on the ground that the determination as to defendant’s negligence is against the weight of the evidence. Lazansky, P. J., [915]*915Hagarty, Carswell and Close, JJ., concur; Johnston, J., concurs in the reversal of the judgment but dissents as to granting a new trial and votes to dismiss the complaint on the ground that there was no proof of negligence on the part of the defendant.

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Action to recover damages for personal injuries caused by the explosion of a bottle of Pepsi-Cola. Judgment in favor of plaintiff reversed on the facts and a new trial granted, with costs to abide the event, on the ground that the determination as to defendant’s negligence is against the weight of the evidence. Lazansky, P. J., [915]*915Hagarty, Carswell and Close, JJ., concur; Johnston, J., concurs in the reversal of the judgment but dissents as to granting a new trial and votes to dismiss the complaint on the ground that there was no proof of negligence on the part of the defendant.

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Bluebook (online)

262 A.D. 914, 28 N.Y.S.2d 822, 1941 N.Y. App. Div. LEXIS 6460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zieba-v-pepsi-cola-co-nyappdiv-1941.