Farrell v. Manhattan Market Co.
Massachusetts Supreme Judicial Court
Three actions OF tort. Writs in the Superior Court for the county of Middlesex dated October 13, 1905. The amended declaration in the third case was in two counts, the second count being to recover for loss of services of the plaintiff’s minor daughter, the plaintiff in the first case.
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Three actions OF tort. Writs in the Superior Court for the county of Middlesex dated October 13, 1905. The amended declaration in the third case was in two counts, the second count being to recover for loss of services of the plaintiff’s minor daughter, the plaintiff in the first case. The first count in substance was as follows: “ And the plaintiff says that the defendant, its agents and servants, negligently sold to her, at its market in Cambridge, as food, and with the implied warranty that it was fit for food, a certain slaughtered fowl, which fowl was not safe for eating, but was…
1Opinion of the CourtLoring, J.
These cases come up on an exception to a ruling directing a verdict for the defendant.
The plaintiff in the third case (whom we shall speak of as the plaintiff) was the mother of those in the other two. The defendant is a corporation engaged in carrying on a retail market and provision store. The jury were warranted in finding the following to be the facts in the case:
On a Saturday evening in July the plaintiff, in the words of the bill of exceptions, “ purchased a chicken from one of the salesmen ” of the defendant. She asked the salesman if it was a cold storage fowl, and he answered “ Don’t…
2Cases cited18 opinions
- Boston Woven Hose & Rubber Co. v. KendallMassachusetts Supreme Judicial Court · 1901
- Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
- Nash v. Minnesota Title Insurance & Trust Co.Massachusetts Supreme Judicial Court · 1895
- Bowe v. HunkingMassachusetts Supreme Judicial Court · 1883
- Norton v. SewallMassachusetts Supreme Judicial Court · 1870
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3Cited by55 opinions
- Burkhardt v. Armour & Co.Supreme Court of Connecticut · 1932
- Friend v. Childs Dining Hall Co.Massachusetts Supreme Judicial Court · 1918
- Rinaldi v. . Mohican Co.New York Court of Appeals · 1918
- Davis v. Van Camp Packing Co.Supreme Court of Iowa · 1920
- Ward v. Great Atlantic & Pacific Tea Co.Massachusetts Supreme Judicial Court · 1918
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