SMOLEN v. GRANDVIEW DAIRY, INC.


301 N.Y. 265 (1950)

Sadie Smolen et al., Appellants, v. Grandview Dairy, Inc., Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided July 11, 1950


Attorney(s) appearing for the Case

Bernard Meyerson and Irving D. Josefsberg for appellants.

Herbert L. Maltinsky and Harry L. Marcus for respondent.

LOUGHRAN, Ch. J., DESMOND, DYE and FULD, JJ., concur with LEWIS, J.; CONWAY, J., dissents in opinion in which FROESSEL, J., concurs.


LEWIS, J.

The plaintiff, Sadie Smolen, with her husband as coplaintiff, instituted this action against the defendants Grandview Dairy, Inc., and Owens Illinois Glass Company to recover for injuries sustained when a milk bottle, bearing the imprint of "Grandview", broke in her hand while she was performing household duties. At the close of plaintiffs' evidence the cause of action alleged against the defendant Owens...

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