Nebraska Supreme Court, 1915

Indovina v. Hyers

Indovina v. Hyers
Nebraska Supreme Court · Decided April 3, 1915 · Barnes, Letton
98 Neb. 140; 152 N.W. 321; 1915 Neb. LEXIS 172

Indovina v. Hyers

Opinion of the Court

Letton, J.

The facts in this case are similar to those in In re Arrigo, ante, p. 134, except that the package was labeled to show that it contained crackerjack, the net weight was given as 2 ounces, and on one side of the package was printed: “PRIZE. This package contains a pleasing novelty or toy to delight the children, in addition to the famous confection, crackerjack.” The package contained a toy bank in addition to the food.

For the reasons set forth in the opinion in that case, the judgment of the district court is

Reversed.

Barnes, J., dissents.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.