Linn v. Radio Center Delicatessen, Inc.

Plaintiff brought this action against the defendant Radio Center Delicatessen, Inc., for personal injuries sustained in biting on a tack found in a piece of Danish pastry purchased from this defendant. The defendant interpleaded the Deber Pastry Manufacturing Co., Inc., from whom it purchased the Danish pastry eaten by plaintiff. The testimony at the trial is convincing that the Danish pastry eaten by plaintiff, which contained the tack, was in fact purchased by defendant from the impleaded defendant and that the tack was in the interior of the pastry. There is no doubt that the impleaded…