Nisky v. Childs Co.

The opinion of the court was delivered by

Lloyd, J.

The Childs Company (respondent here) operates a restaurant at 168 Market street, in the city of Newark. On the 19th of October, 1923, at the conclusion of a theatre party, Mary Nisky, one of the appellants, and two friends entered the restaurant of the respondent for the purpose of obtaining something to eat. They all ordered clam chowder. After this was eaten Mrs. Nisky ordered half a dozen oysters fried in egg and cracker crumbs, of which she ate three. When she placed the third one in her mouth it tasted bitter (“like gall”) but she ate it,…