Legal Opinion
Weiner v. Mager & Throne, Inc.
City of New York Municipal Court
Decided April 15, 1938PublishedCited by 8 opinions
1Opinion of the CourtLevy, J.
Plaintiff purchased a loaf of rye bread from the defendants Bittman Brothers. This bread was not wrapped. Affixed to it was the trade label of the defendant Mager & Throne, Inc. The loaf was freshly baked. Its entire appearance, including the outer crust, was normal. When he sat down to a prompt dinner, plaintiff sliced the bread, took one slice, bit into it, and noticed worms embedded in the slice he had eaten and in the rest of the bread. The worms were dead. The plaintiff, as a result, became ill and nauseous.
The plaintiff sued Mager & Throne, Inc., the manufacturer, on the theory of…
2Cases cited7 opinions
- Ryan v. Progressive Grocery Stores, Inc.New York Court of Appeals · 1931
- Chysky v. . Drake Brothers Co.New York Court of Appeals · 1923
- Doyle v. Continental Baking Co.Massachusetts Supreme Judicial Court · 1928
- Slavin v. Francis H. Leggett & Co.Supreme Court of New Jersey · 1935
- Travlos v. Commercial Union of America, Inc.Appellate Division of the Supreme Court of the State of New York · 1926
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Melville Harris, as Trustee in Bankruptcy of Leonard Massello and William Massello v. Standard Accident and Insurance CompanyCourt of Appeals for the Second Circuit · 1961
- Friedman v. Typhoon Air Conditioning Co.District Court, E.D. New York · 1962
- Patterson v. City of New YorkNew York Supreme Court · 1945
- Bonwit-Teller, Division of 721 Corp. v. RosenstielCivil Court of the City of New York · 1968
- Rudloff v. Wendy's Restaurant of Rochester, Inc.New York Supreme Court · 2006
3 more not listed; retrieve them via the Exa API.