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SMOLEN v. GRANDVIEW DAIRY, INC.

276 A.D. 854 (1949)

Sadie Smolen et al., Respondents, v. Grandview Dairy, Inc., Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 19, 1949.

MEMORANDUM BY THE COURT.

In our opinion no negligence upon the part of this defendant has been proved. "A milk bottle is a simple appliance in ordinary use not inherently dangerous", and not involving "the potency of danger". (Cullem v. Renken Dairy Co., 247 App. Div. 742; Poplar v. Bourjois, Inc., 272 App. Div. 74, affd. 298 N.Y. 62; Boyd v. American Can Co., 249 App. Div. 644, affd. 274 N.Y. 526; Simons v. Sun Ray Water Co., 162 N.Y.S...

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