Kroger Grocery & Baking Co. v. Dunn

This action, by notice of motion, was brought by Mrs. C. L. Dunn (plaintiff), against The Kroger Grocery and Baking Company (defendant), to recover damages for personal injuries suffered by the plaintiff as the result of ptomaine poisoning caused by eating ham purchased from defendant.

In this notice of motion it is charged that the defendant sold to the plaintiff meat over the counter—a ham impliedly representing it to be wholesome and fit for human *392consumption. It is also charged that the defendant was grossly negligent in its handling of this commodity. It thus appears that there was joined…