
    Julia E. Cook, Respondent, v. The People’s Milk Company, Appellant.
    
      Cook v. People’s Milk Co., 175 App. Div. 966, affirmed.
    (Argued December 10, 1918;
    decided January 14, 1919.)
    Appeal from a judgment' of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 24, 1916, affirming a judgment in favor of plaintiff entered upon a verdict. This action is for negligence for alleged injury caused to plaintiff by consuming milk which, it is alleged in the plaintiff’s bill of particulars, contained phosphorous; The complaint alleged that the milk was sold to plaintiff by a grocer who had purchased the same in a bottle from the defendant. The complaint sets forth two causes of action, the first based on negligence and the second on warranty. The second cause of action was dismissed at the close of plaintiff’s case, and no appeal was taken by plaintiff. The question, therefore, was whether or not the plaintiff proved that the milk at the time it left defendant’s plant contained phosphorous due to negligence of defendant.
    
      Walter Jeffreys Carlin for appellant.
    
      Ralph S. Kent and W. Bartlett Sumner for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Collin, Cuddeback, Cardozo, Pound and Andrews, JJ.  