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DANKER v. FISCHER BAKING CO.

5 N.J. Super. 248 (1949)

68 A.2d 774

MARIE DANKER AND FRED DANKER, HER HUSBAND, PLAINTIFFS-RESPONDENTS, v. FISCHER BAKING COMPANY, A BODY CORPORATE, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 20, 1949.

Attorney(s) appearing for the Case

Mr. Robert V. Carton argued the cause for the plaintiffs-respondents (Mr. Harry Edelson, attorney).

Mr. William J. O'Hagan argued the cause for the defendant-appellant (Mr. Vincent P. Keuper, attorney).

Before Judges McGEEHAN, COLIE and EASTWOOD.

The opinion of the court was delivered by EASTWOOD, J.A.D.

Defendant appeals from judgment in favor of plaintiff, Marie Danker, for $500 and her husband, Fred Danker, for $390. The action was instituted to recover damages occasioned by eating a cruller, prepared and sold by defendant, containing a foreign substance.

Defendant contends that the court erred in refusing to dismiss on the grounds that (1) "there...

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