Kelly v. Wegman's Food Markets, Inc.

Judgment and order reversed on the law, with costs, and complaint dismissed, with costs, on the ground that the finding that the rat was in the bag of tea at the time it was delivered to plaintiff is contrary to the evidence. All concur. Taylor, J., in result in an opinion, except Harris, J., who dissents and votes for affirmance in an opinion. Present — Crosby, P. J., Cunningham, Taylor, Harris and McCurn, JJ.