Cassano v. Pilgreen's, Inc.

Whitman, Judge.

1. The main question presented for decision in this case is whether the court erred in granting the motion for nonsuit. Plaintiff’s negligence action alleged, among other things, that the defendant restaurant served him unwholesome food and that, as a consequence, he was made violently ill and received permanent injuries.

At the trial the only admissible evidence introduced by the plaintiff in support of his action was the plaintiff’s own testimony that he, without having eaten any food previously throughout the day and not having been ill beforehand, ate food served him by…