Wilson v. J. G. & B. S. Ferguson Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been caused by the eating of an unwholesome blueberry pie manufactured by the defendant, sold to one Stewart, and by him sold to the plaintiff. Writ dated January 27, 1910. In the Superior Court the case was tried before Lawton, J. The material facts are stated in the opinion. At the close of the evidence the defendant asked that a verdict be ordered for it.
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Tort for personal injuries alleged to have been caused by the eating of an unwholesome blueberry pie manufactured by the defendant, sold to one Stewart, and by him sold to the plaintiff. Writ dated January 27, 1910. In the Superior Court the case was tried before Lawton, J. The material facts are stated in the opinion. At the close of the evidence the defendant asked that a verdict be ordered for it. The judge refused so to do, and the jury found for the plaintiff in the sum of $2,916.67. The defendant alleged exceptions.
1Opinion of the CourtBraley, J.
The jury by their verdict assessing damages must have been convinced on the testimony of the plaintiff and of her medical attendant that her serious and prolonged illness arose from toxic or ptomaine poisoning caused by eating a blueberry pie made by the defendant, and purchased from a retail dealer. A further finding, that on the morning of the day of purchase the pie had been delivered to the dealer by the defendant, and immediately placed by him in a glass case furnished by it from which the plaintiff, among other customers, had been supplied, would have been warranted. It represented by…
2Cases cited4 opinions
- Lebourdais v. Vitrified Wheel Co.Massachusetts Supreme Judicial Court · 1907
- Roberts v. Anheuser Busch Brewing Ass'nMassachusetts Supreme Judicial Court · 1912
- Gately v. TaylorMassachusetts Supreme Judicial Court · 1912
- Salmon v. Libby, McNeill & LibbyIllinois Supreme Court · 1905
3Cited by20 opinions
- Friend v. Childs Dining Hall Co.Massachusetts Supreme Judicial Court · 1918
- Gearing v. BerksonMassachusetts Supreme Judicial Court · 1916
- Thornhill v. Carpenter-Morton Co.Massachusetts Supreme Judicial Court · 1915
- Ash v. Childs Dining Hall Co.Massachusetts Supreme Judicial Court · 1918
- Windram Manufacturing Co. v. Boston Blacking Co.Massachusetts Supreme Judicial Court · 1921
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