Crocker v. Baltimore Dairy Lunch Co.
Massachusetts Supreme Judicial Court
Tort for injuries from ptomaine poisoning alleged to have been caused by food negligently sold to the plaintiff by the defendant.
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Tort for injuries from ptomaine poisoning alleged to have been caused by food negligently sold to the plaintiff by the defendant. Writ in the Municipal Court of the City of Boston dated April 28, 1911. The declaration was as follows: “And the plaintiff says that the defendant corporation kept and maintained a restaurant or lunch room on Tremont Street, in the city of Boston, doing business with and for the accommodation of the public; that on the 29th day of March 1911, the plaintiff, at the invitation of the defendant in said lunch room, ordered and paid for certain food furnished by the…
1Opinion of the CourtSheldon, J.
This case was submitted to the jury on the question solely of the defendant’s negligence, the plaintiff having declined to amend his declaration by adding a count in contract. The only question raised is whether the evidence warranted a finding for the plaintiff upon that issue. Whether the plaintiff might have relied upon an implied warranty by the defendant that its food was pure and wholesome (see Farrell v. Manhattan Market Co. 198 Mass. 271, 274, and Roberts v. Anheuser Busch Brewing Association, 211 Mass. 449, 451), is not now to be considered.
*179After a careful examination of the record,…
2Cases cited4 opinions
- Bishop v. WeberMassachusetts Supreme Judicial Court · 1885
- Farrell v. Manhattan Market Co.Massachusetts Supreme Judicial Court · 1908
- Roberts v. Anheuser Busch Brewing Ass'nMassachusetts Supreme Judicial Court · 1912
- Sheffer v. WilloughbyIllinois Supreme Court · 1896
3Cited by26 opinions
- Friend v. Childs Dining Hall Co.Massachusetts Supreme Judicial Court · 1918
- Gearing v. BerksonMassachusetts Supreme Judicial Court · 1916
- Ash v. Childs Dining Hall Co.Massachusetts Supreme Judicial Court · 1918
- Crigger v. Coca-Cola Bottling Co.Tennessee Supreme Court · 1915
- Merrill v. HodsonSupreme Court of Connecticut · 1914
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