Louis Pizitz Dry Goods Co. v. Waldrop

THOMAS, Justice.

The suit was for damages for persona! injury alleged to have been received from the service to plaintiff and her partaking of food unfit for human consumption. The food was prepared by defendant and served to the patrons of its restaurant.

The evidence showed certain patrons of defendant’s restaurant, at the same time and place, had the same article of food, viz., mayonnaise, with other and different items of food, and became ill on the same day in which that food was partaken. That is to say, the one article of food partaken of by all patrons so becoming ill from food poison…