Legal Opinion
Carroll v. New York Pie Baking Co.
Appellate Division of the Supreme Court of the State of New York
Decided January 22, 1926PublishedCited by 17 opinions
1Opinion of the CourtJaycox, J.
The pleadings are not included in the record on appeal;' however, it is recited in the statement at the beginning of the case that the action was based upon a claim of negligence.
The facts, briefly stated, are that while the plaintiff was eating a piece of pie cut from a pie made by the defendant she discovered that several cockroaches were imbedded in the bottom crust of the pie. They were crushed to such an extent that they are said to have resembled butterflies. The cockroaches were large. Two were about one inch in length and one was about half an inch long. The plaintiff was eating the…
2Cases cited4 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Mitchell v. . Rochester Railway Co.New York Court of Appeals · 1896
- Garrison v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1912
3Cited by17 opinions
- Minutilla v. Providence Ice Cream Co.Supreme Court of Rhode Island · 1929
- Texas Coca-Cola Bottling Co. v. KubenaCourt of Appeals of Texas · 1936
- Bissonette v. National Biscuit Co.Court of Appeals for the Second Circuit · 1939
- Quinn v. Swift & Co.District Court, M.D. Pennsylvania · 1937
- Gay v. A & P Food StoresCivil Court of the City of New York · 1963
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