Barringer v. Ocean Steamship Co. of Savannah
Massachusetts Supreme Judicial Court
Tort or contract, with a declaration in two counts, the first in tort and the second in contract, for injuries alleged to have resulted to the plaintiff from eating unwholesome food furnished by the defendant to him when he was a passenger on a boat of the defendant running from Savannah in the State of Georgia to Boston. Writ dated August 27, 1915. In the Superior Court, the action was heard by McLaughlin, J., without a jury.
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Tort or contract, with a declaration in two counts, the first in tort and the second in contract, for injuries alleged to have resulted to the plaintiff from eating unwholesome food furnished by the defendant to him when he was a passenger on a boat of the defendant running from Savannah in the State of Georgia to Boston. Writ dated August 27, 1915. In the Superior Court, the action was heard by McLaughlin, J., without a jury. The plaintiff testified that he ate breakfast in Jacksonville in the State of Florida on the morning of June 17, 1915, that he boarded the defendant’s boat at about…
1Opinion of the CourtCarroll, J.
The plaintiff was a passenger on a vessel owned and operated by the defendant, which left Savannah on June 17, 1915, and arrived in Boston about seven o’clock in the evening of June 20. The action is in contract, the plaintiff alleging that food was served by the defendant and eaten by the plaintiff which was unwholesome and “ contained foreign matter ” and was “ otherwise unfit to be eaten whereby the plaintiff . . . was injured,” and “made sick.” At the close of the evidence, the defendant moved that a finding be entered in its favor. This motion was denied. The judge, sitting without a…
2Cases cited1 opinion
- Friend v. Childs Dining Hall Co.Massachusetts Supreme Judicial Court · 1918
3Cited by20 opinions
- Mix v. Ingersoll Candy Co.California Supreme Court · 1936
- Johnson v. KanavosMassachusetts Supreme Judicial Court · 1937
- Monahan v. Economy Grocery Stores Corp.Massachusetts Supreme Judicial Court · 1933
- Kurriss v. Conrad & Co.Massachusetts Supreme Judicial Court · 1942
- Smith v. GerrishMassachusetts Supreme Judicial Court · 1926
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