Danker v. Fischer Baking Co.

Defendant appeals from judgment in favor of plaintiff, Marie Danker, for $500 and her husband, Fred Danker, for $390. The action was instituted to recover damages occasioned by eating a cruller, prepared and sold by defendant, containing a foreign substance.

Defendant contends that the court erred in refusing to dismiss on the grounds that (1) "there was insufficient proof of the cause of plaintiff's injury;" (2) that the plaintiff failed to prove causal connection between the defendant's negligence and plaintiff's injury so as to fail in their proof of proximate cause and (3) there was…