Bigelow v. Maine Central Railroad
Supreme Judicial Court of Maine
On report. This is an action on the case by Catharine Bigelow against the Maine Central Railroad Company to recover damages for injuries to her health occasioned by eating canned asparagus furnished to her in its dining-car on the 25th day of February, A. D. 1910, by defendants’ caterers in said car. The plaintiff contends that the asparagus furnished her by the defendant in said dining-car was' unwholesome and poisonous.
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On report. This is an action on the case by Catharine Bigelow against the Maine Central Railroad Company to recover damages for injuries to her health occasioned by eating canned asparagus furnished to her in its dining-car on the 25th day of February, A. D. 1910, by defendants’ caterers in said car. The plaintiff contends that the asparagus furnished her by the defendant in said dining-car was' unwholesome and poisonous. The plea, the general issue with brief statement that the defendant is in no way responsible as it did not know, and by the exercise of reasonable prudence and care, could…
1Opinion of the CourtSpear, J.
This is an action on the case -brought by the plaintiff against the Maine Central Railroad Co. to recover damages for *107injury to her health alleged to be caused by unwholesome and poisonous food served to her by the defendant in its dining-car on the 25th day of February, 1910. The case comes to the Baw Court 011 report. The food specifically complained of was canned asparagus served on toast, upon the consumption of which the plaintiff was soon after taken violently ill. Upon the assumption that the asparagus was poisonous and was the proximate cause of the injuries of which the plaintiff…
2Cited by36 opinions
- Mazetti v. Armour & Co.Washington Supreme Court · 1913
- Burkhardt v. Armour & Co.Supreme Court of Connecticut · 1932
- Mix v. Ingersoll Candy Co.California Supreme Court · 1936
- Griggs Canning Co. v. JoseyTexas Supreme Court · 1942
- Swengel v. F. & E. Wholesale Grocery Co.Supreme Court of Kansas · 1938
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