DE LUCCIO v. WAGNER BAKING CORP.


201 Misc. 984 (1952)

Mary De Luccio, Respondent, v. Wagner Baking Corporation, Appellant.

Supreme Court, Appellate Term, Second Department.

June 12, 1952.


Attorney(s) appearing for the Case

A. Paul Goldblum and Thomas F. Keane for appellant.

James Flynn for respondent.

FENNELLY, HOOLEY and BELDOCK, JJ., concur.


Per Curiam.

The plaintiff failed to establish that the defendant was negligent, that the nail was imbedded in the pie at the time that it left the defendant's place or that the pie was in the same condition at the time of its consumption as it was when it left the defendant's place. The wrapper on the pie was unsealed; the position of the nail indicated that it might have been introduced any time after the pie was baked. The pie had passed through the hands...

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