Meyer v. Kerschbaum

Defendant conducts a bakery. Plaintiff, who had been dealing with the bakery for about seven months previously, bought some sugar buns on the morning of December 14, 1925, went to her home, and when she started to eat one of them at breakfast was injured owing to the fact that there was a carpet tack in the bun. The complaint was dismissed on the authority of Vaccaro v. Prudential Condensed Milk Co., 133 Misc. 556, a case decided in the City Court, Trial Term, Part VI. The opinion in that case sustains the dismissal on the ground that “ there is the presumption that the moral and legal…