Smolen v. Grandview Dairy, Inc.

Memorandum by the Court. In our opinion no negligence upon the part of this defendant has been proved. “ A milk bottle is a simple appliance in ordinary use not inherently dangerous ”, and not involving “ the potency of danger ”. (Cullem v. Renken Dairy Co., 247 App. Div. 742; Poplar v. Bourjois, Inc., 272 App. Div. 74, affd. 298 N. Y. 62; Boyd v. American Can Co., 249 App. Div. 644, affd. 274 N. Y. 526; Simons v. Sun Ray Water Co., 162 N. Y. S. 968; Licari v. Markotos, 110 Misc. 334; Honea v. City Dairy, Inc., 22 Cal. 2d 614.) No proof was adduced that the bottle was cracked while in the…