Gritz v. Hot Shoppes, Inc.

HOOD, Associate Judge.

This action was brought to recover damages allegedly sustained,by plaintiffs in eating food while customers in defendant’s restaurant. From a verdict and judgment awarding plaintiffs $1 each, they bring this appeal. .

The record shows.that bn July 8, 1954, plaintiffs visited defendant’s restaurant and were served waffles. Plaintiffs testified that the waffles “tasted and smelled like they contained carbolic acid”; that each of them consumed approximately one-half waffle while noticing the peculiar taste and odor; that they received burns about the mouth and became ill,…