Cohen v. Dugan Bros.

This is a motion made by the defendant Hyman Dubin for an order amending the clerk’s minutes and the judgment entered herein so as to determine the ultimate-rights of the defendants. The action was one brought by the plaintiff to recover damages for personal injuries alleged to have been sustained by reason of the presence of a nail in a loaf of bread manufactured by the defendant Dugan Bros, and sold to the plaintiff by the defendant Hyman Dubin, a retail grocer. The complaint consisted of two counts against each defendant, one for breach of warranty and one for negligence. In deciding this…