Menaker v. Supplee-Wills-Jones Milk Co.

Opinion by

Parker, J.,

This is an action in trespass brought to recover damages for injuries alleged to have been suffered by the minor plaintiff as the result of the ingestion of ice cream containing a deleterious foreign substance, and this appeal is from the refusal of the court below to take off a compulsory nonsuit. The action belongs to that class of cases where a claim is made against a manufacturer for impure food purchased from a retail dealer. We are of the opinion that the evidence was sufficient to entitle the plaintiffs to have their case submitted to a jury.

For the purposes of…