Madden Et Ux. v. Great A. P. Tea Co.

Opirrxoir by

Parker, J.,

Plaintiffs, husband and wife, brought this action in trespass against the defendant alleging negligence on its part and sought to recover damages for an injury to the wife caused by the consumption of tea purchased from the defendant, containing a deleterious substance. The issues were submitted to a jury which found verdicts for the plaintiffs. The defendant, having appealed to this court, assigned as sole error the failure of the lower court to enter judgment for it n. o. v.

Mrs. Madden, one of the plaintiffs, testified that she purchased from the defendant at one of…