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BISSONETTE v. NATIONAL BISCUIT CO.

No. 151.

100 F.2d 1003 (1939)

BISSONETTE v. NATIONAL BISCUIT CO.

Circuit Court of Appeals, Second Circuit.

January 9, 1939.

Attorney(s) appearing for the Case

Brown & Gallagher, of Albany, N. Y. (Oscar J. Brown, of Albany, N. Y., of counsel), for appellant.

Frederick J. Fayette and John J. Deschenes, both of Burlington, Vt., for appellee.

Before MANTON, L. HAND, and CHASE, Circuit Judges.

MANTON, Circuit Judge.

Appellee purchased from a retail store at Glens Falls, New York, a loaf of sliced bread which was baked, wrapped in paper, and sold by appellant to its retail dealer. The bread was not opened by appellee until used by him in making two slices of toast. Soon after eating this toast with a cup of coffee, he became ill, went to bed, and during the night was awakened by pains in his stomach. He vomited into water, making it very red, and then went...

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