Levy v. Horn & Hardart Baking Co.

Opinion by

Keller, J.,

This was an action of trespass tried by a judge of the municipal court without a jury. From the judgment on his finding in favor of the plaintiff the defendant has appealed.

The cause of action was the negligent presence of a small metal screw in a cup of coffee which the plaintiff had received from a faucet in defendant’s “auto-mat,” after placing a coin in the proper slot. The plaintiff almost swallowed the screw but after a violent fit of coughing vomited it up, with some laceration to the tissues of the throat, followed by an infection. The screw was of the type…