Rosenbusch v. Ambrosia Milk Corp.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Elsie Barbara Rosenbusoh, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 12th day of March, 1917, upon a dismissal -of the complaint by direction of the court at the close of the plaintiff’s case.
1Opinion of the Court
Laughlin, J.:
The action was brought to recover for personal injuries sustained by the infant plaintiff alleged to have been caused by the negligence of the defendant.
The defendant is a domestic corporation and it was engaged in manufacturing and selling to wholesale dealers a food product known as “ Mammala.” “ Mammala ” was designed, according to the representations made by the defendant on the cans in which it prepared it for the market and on circulars, principally as a substitute for milk for infants.
On the 9th day of July, 1914, when plaintiff was about three months old she was taken…
2Cases cited12 opinions
- MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
- Thomas v. . WinchesterNew York Court of Appeals · 1852
- Devlin v. . SmithNew York Court of Appeals · 1882
- Blood Balm Co. v. CooperSupreme Court of Georgia · 1889
- Bruckel v. J. Milhau's SonAppellate Division of the Supreme Court of the State of New York · 1907
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3Cited by11 opinions
- Davis v. Van Camp Packing Co.Supreme Court of Iowa · 1920
- Florence Wright and Roy Wright v. Carter Products, Inc.Court of Appeals for the Second Circuit · 1957
- American Optical Co. v. WeidenhamerIndiana Court of Appeals · 1980
- Grace Elaine McC Butler, as Administratrix of the Estate of John Carlton Butler, Deceased v. L. Sonneborn Sons, Inc.Court of Appeals for the Second Circuit · 1961
- Foley v. Liggett & Myers Tobacco Co.Appellate Terms of the Supreme Court of New York · 1930
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