Pine Grove Poultry Farm, Inc. v. Newtown By-Products Manufacturing Co.

Judgment reversed upon the law, with costs, and complaint dismissed, with costs. In our opinion, plaintiff was not entitled to maintain this action, either upon the principle of implied warranty or as an action based upon 'negligence. (Chysky v. Drake Brothers Co., 235 N. Y. 468; Mac Pherson v. Buick Motor Co., 217 id. 382.) Lazansky, P. J., Rich, Young and Hagarty, JJ., concur; Kapper, J., dissents.