New York Eskimo Pie Corporation v. Rataj

DAVIS, Circuit Judge.

The facts in this ease were found by a jury in the District Court and are undisputed. The questions here involve the issue of the negligence of the defendant, the New York Eskimo Pie Corporation, and the difficult and abstract proposition of whether or not the negligent conduct or act of the de fendant was tho “proximate cause” of the injuries of the plaintiff Josephine Rataj, a minor.

The defendant manufactures and sells a product of ice cream with a chocolate covering, known in the trade as “Eskimo Pie,” and furnishes its dealers with a suitable receptado in which it…