Copeland v. F. W. Woolworth Co.
Appellate Terms of the Supreme Court of New York
1Per curiam
Memorandum The plaintiff claims that as she
ate two spoonfuls of mince pie furnished to her by defendant she noticed the pie did not look or taste good and had a bad odor, and then she came upon a nail (Exhibit 1, one and one-quarter inch wire nail) imbedded in the mince meat and the repulsive condition nauseated her and made her ill. The Trial Justice found for and awarded plaintiff $50.
Reliance can not be had by either party, on Mitchell v. Rochester Railway Co. (151 N. Y. 107) or Comstock v. Wilson (257 N. Y. 231) for fright, or upon Stubbs v. City of Rochester (163 App. Div. 245, which was…
2Cases cited6 opinions
- Mitchell v. . Rochester Railway Co.New York Court of Appeals · 1896
- Comstock v. WilsonNew York Court of Appeals · 1931
- Stubbs v. . City of RochesterNew York Court of Appeals · 1919
- Carroll v. New York Pie Baking Co.Appellate Division of the Supreme Court of the State of New York · 1926
- Stubbs v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1914
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Vamos v. Coca-Cola Bottling Co.Civil Court of the City of New York · 1995
- Gay v. A & P Food StoresCivil Court of the City of New York · 1963
- Uffner v. Campbell Soup Co.City of New York Municipal Court · 1954