Gonzales v. Safeway Stores, Incorporated

Opinion by

Mr. Chief Justice Hall.

Plaintiffs are husband and wife; we refer to them as Gilbert and Nancy. They brought this action against Safeway Stores, Incorporated, to recover judgments for loss of earnings, pain, suffering and expenses suffered by them by reason of defendant’s sale to them of food allegedly unfit for human consumption.

The evidence disclosed that on February 22, 1958, and for sometime prior thereto, Gilbert was afflicted with a duodenal ulcer and was on a prescribed restricted diet, and Nancy was pregnant. Nancy, on said date, purchased groceries at one of defendant’s…