Sider v. Reid Ice Cream Co.

Judgment unanimously reversed upon the law and new trial granted, with thirty dollars costs to appellant to abide the event.

The evidence would have justified a finding that the presence of the cockroaches in the charlotte russe which plaintiff was eating caused her to be nauseated and made ill. The proof, however, would not justify a finding that the plaintiff ate any portion of the foreign substance or that the portion of the charlotte russe which she ate was made impure or unhealthful by reason of the roaches being in the portion of it that was not eaten. A finding would have basis in the…