Hyperlawhypertext legal database Queck-Berner v. Ward Baking Co. 155 N.Y.S. 1135

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Queck-Berner v. Ward Baking Co.

155 N.Y.S. 1135 Court N.Y. App. Div. Decision date 1915-11-01 English

Contents

Majority

p. 1135
QUECK-BERNER, Appellant, v. WARD BAKING CO., Respondent.
(Supreme Court, Appellate Division, Second Department.
No
p. 1136
vember 1, 1915.)

Headnote

Action by Charles A. J. 'Queck-Berner" against the Ward Baking Company. . . .

Judgment unanimously affirmed, with costs. Assuming what is not the fact, that the proof established the carelessness of the defendant, it would be an undue expansion of the doctrine of liability announced in Thomas v. Winchester, 6 N. Y. 397 , 57 Am. Dec. 455 , and cognate cases, to include this cáse within the application of that doctrine.