Queck-Berner v. Ward Baking Co.

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) and cognate cases, to include this ease within the application of that doctrine. Present — Jenks, P.. J., Carr, Stapleton, Mills and Putnam, JJ.