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NICHOLS v. CONTINENTAL BAKING CO.

No. 4044.

34 F.2d 141 (1929)

NICHOLS et al. v. CONTINENTAL BAKING CO.

Circuit Court of Appeals, Third Circuit.

August 1, 1929.

Attorney(s) appearing for the Case

Feder & Rinzler and Jack Rinzler, all of Passaic, N. J., for appellants.

Harley, Cox & Walburg, of Newark, N. J. (Harry E. Walburg, of Newark, N. J., of counsel), for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

In this case Andrew Nichols and his wife, citizens of New Jersey, brought suit to recover from the defendant, a corporate citizen of Delaware, damages for its alleged negligence. Such negligence consisted in the baking of a loaf of bread containing a cockroach, which loaf was furnished to one of its store customers, and by the store sold to Mrs. Nichols. The proof was that, on biting into a slice of the loaf, Mrs. Nichols bit into a cockroach...

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