Brussels v. Grand Union Co.

Pee Cukiam.

These two cases were tried together. The facts appear to be that Norman H. Brussels at the request of his mother, Fanny Brussels, and in her behalf, purchased canned peas for family use from the defendant grocery company. The proofs show that the peas, although properly prepared for a meal, made Mrs. Brussels ill; also her son, Leslie, and the maid of all work, Lucile Higgins. For the suffering caused by food poisoning they all had judgment. The defendant appeals.

The trial court found, as he could well do from the evidence, that the peas were unwholesome and not of merchantable…