Wolfe v. Great Atlantic & Pacific Tea Co.

Each of these 'cases presents the same two questions: (1) Is there any evidence in the record of physical injury; (2) is a retailer liable in damages for the sale of unwholesome food where such food when sold is contained in an original package which does not admit of inspection of the contents by the retailer ?

Refraining the first question: Is a jury justified in finding “physical injury” where the evidence discloses only that upon eating some canned peaches and discovering worms in the uneaten portion, plaintiff immediately became nauseated, began vomiting and remained sick for several days?