UFFNER v. CAMPBELL SOUP CO.


207 Misc. 21 (1954)

Yetta Uffner, Plaintiff, v. Campbell Soup Company et al., Defendants.

Municipal Court of City of New York, Borough of Manhattan.

October 5, 1954.


Attorney(s) appearing for the Case

Louis Schachter for plaintiff.

Breed, Abbott & Morgan for Leon Shapiro, doing business under the name of Brod-Way Dairy, defendant.


CARNEY, J.

The summons in this case contained two causes of action. Action No. 1 was against both defendants for personal injuries sustained by the plaintiff due to the negligence of the defendant in the manufacture and sale of a can of soup containing a dead fly. Action No. 2 was against defendant Shapiro for breach of warranty of the fitness of food arising out of the said sale. Plaintiff claimed that while eating the soup she saw the dead fly in her...

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