Rutherford v. Modern Bakery

CAMMACK, Judge.

The appellant, Roy Rutherford, instituted this action to recover damages from the appellee, Modern Bakery, for pain, suffering and permanent disability claimed ■ to have been the direct and proximate result of his consuming two poisonously contaminated pies sold by the Bakery. This appeal is from a judgment on a directed verdict given for the Bakery at the conclusion of Rutherford’s evidence.

The appellant contends that the trial court erred in directing a verdict against him because it was not necessary for him to prove privity of contract to recover against the Bakery. The…