Bishop v. Weber
Massachusetts Supreme Judicial Court
Tort. Writ dated October 29, 1883. The declaration as originally filed contained two counts. On May 19, 1884, a demurrer to the declaration was sustained, and no exception or appeal was taken. At the same term, the declaration was amended by adding a third count, and by inserting certain words in the first and second counts.
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Tort. Writ dated October 29, 1883. The declaration as originally filed contained two counts. On May 19, 1884, a demurrer to the declaration was sustained, and no exception or appeal was taken. At the same term, the declaration was amended by adding a third count, and by inserting certain words in the first and second counts. The plaintiff had also leave to amend her writ by adding after the word “ tort ” the words “ or contract, the plaintiff being doubtful to which class of actions this action belongs.” The declaration as amended was as follows: “ 1. And the plaintiff says, that, on or about…
1Opinion of the CourtC. Allen, J.
If one who holds himself out to the public as a caterer, skilled in providing and preparing food for entertainments, is employed as such, by those who arrange for an entertainment, to furnish food and drink for all who may attend it, and if he undertakes to perform the service accordingly, he stands in such a relation of duty, towards a person who lawfully attends the entertainment, and partakes of the food furnished by him, as to be liable to an action of tort for negligence in furnishing unwholesome food, whereby such person is injured. This liability does not rest so much upon an implied…
2Cases cited1 opinion
- Norton v. SewallMassachusetts Supreme Judicial Court · 1870
3Cited by55 opinions
- Huset v. J. I. Case Threshing Mach. Co.Court of Appeals for the Eighth Circuit · 1903
- Mazetti v. Armour & Co.Washington Supreme Court · 1913
- Doyle v. Fuerst & Kraemer, Ltd.Supreme Court of Louisiana · 1911
- Friend v. Childs Dining Hall Co.Massachusetts Supreme Judicial Court · 1918
- Davis v. Van Camp Packing Co.Supreme Court of Iowa · 1920
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