Bourcheix v. Willow Brook Dairy, Inc.
New York Court of Appeals
Plaintiff failed to establish negligence on the part of defendant, and the verdict on such issue is without evidence to support it. (Giménez v. Great A. & P. Tea Co., 264 N. Y. 390; Glenn v. Oakdale Contracting Co., 257 N. Y. 497; Schmidt v. City of New York, 179 App. Div. 667; Zotto v. Merkel Bros., Inc., 229 App. Div. 793; Chysky v. Drake Bros.
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Plaintiff failed to establish negligence on the part of defendant, and the verdict on such issue is without evidence to support it. (Giménez v. Great A. & P. Tea Co., 264 N. Y. 390; Glenn v. Oakdale Contracting Co., 257 N. Y. 497; Schmidt v. City of New York, 179 App. Div. 667; Zotto v. Merkel Bros., Inc., 229 App. Div. 793; Chysky v. Drake Bros. Co., 235 N. Y. 468; v. Childs Dining Hall Co., 231 Mass. 164; Potts v. Pardee, 220 N. Y. 431; St. Andrassy v. Mooney, 262 N. Y. 368; Hardie v. Boland Co., 205 N. Y. 336; Rubaek v. McCleary, Wallin & Crouse, 220 N. Y. 188; Ruppert v. Brooklyn Hts. R.…
1Opinion of the CourtO’Brien, J.
Plaintiff, a chauffeur and gardener, lived in the household of his employer who was a customer of defendant. A bottle of cream delivered by defendant to plaintiff’s employer was used by plaintiff and he was injured by swallowing broken glass. The evidence is that the pieces were about the size of a bean. They were not “ ground glass.” Evidence was introduced that there was no broken glass in the oatmeal, which plaintiff consumed with the cream, prior to its mixture with the cream, and that, after his injury, several other pieces of glass were found in the bottle. There is no claim that the…
2Cases cited7 opinions
- Ryan v. Progressive Grocery Stores, Inc.New York Court of Appeals · 1931
- Gimenez v. Great Atlantic & Pacific Tea Co.New York Court of Appeals · 1934
- Pine Grove Poultry Farm, Inc. v. Newtown By-Products Manufacturing Co.New York Court of Appeals · 1928
- Hardie v. Charles P. Boland Co.New York Court of Appeals · 1912
- Sarconi v. One Hundred & Twenty-Two West Twenty-Sixth Street Corp.New York Court of Appeals · 1925
2 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Borucki v. MacKenzie Brothers Co., Inc.Supreme Court of Connecticut · 1938
- Mull v. Colt Co.District Court, S.D. New York · 1962
- Welter v. Bowman Dairy Co.Appellate Court of Illinois · 1943
- Colonna v. Rosedale Dairy Co.Supreme Court of Virginia · 1936
- Swift & Co. v. BlackwellCourt of Appeals for the Fourth Circuit · 1936
28 more not listed; retrieve them via the Exa API.