Legal Opinion
Chysky v. . Drake Brothers Co.
New York Court of Appeals
Decided April 17, 1923PublishedCited by 72 opinions
1Opinion of the CourtMcLaughlin, J.
The plaintiff was employed as a waitress in a lunch room run by one Abraham, for which she was paid thirty dollars a week and furnished board and lodging. On the 4th of May, 1918, she received from her employer, as part of her lunch, a piece of cake which had been made and sold to him.by defendant. While she was eating it a nail, baked into the cake in such a way that it could not be discovered by inspection, stuck in her gum, which became so infected as to necessitate the removal of three of her teeth. She brought this action against the maker of thé cake to recover the damages alleged to…
2Cases cited5 opinions
- MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
- Rinaldi v. . Mohican Co.New York Court of Appeals · 1918
- Race v. . KrumNew York Court of Appeals · 1918
- Tompkins v. Quaker Oats Co.Massachusetts Supreme Judicial Court · 1921
- Haley v. Swift & Co.Wisconsin Supreme Court · 1913
3Cited by72 opinions
- Jacob E. Decker & Sons, Inc. v. CappsTexas Supreme Court · 1942
- Randy Knitwear, Inc. v. American Cyanamid Co.New York Court of Appeals · 1962
- Greco v. S. S. Kresge Co.New York Court of Appeals · 1938
- Gimenez v. Great Atlantic & Pacific Tea Co.New York Court of Appeals · 1934
- Mull v. Colt Co.District Court, S.D. New York · 1962
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