Groce v. First National Stores Inc.

This is an action of “tort or contract” to recover damages for injuries sustained by the plaintiff, a married woman, on September 17, 1926, in consequence, of having chewed and eaten some shredded cocoanut, manufactured and distributed by the Franklin Baker Company and sold by the defendant to the plaintiff. The case was heard by a judge of the Superior Court without a jury. .At the conclusion of the evidence the plaintiff elected to base her action upon a breach of warranty, and the defendant moved the court to render a finding in its favor. The judge made a finding for the plaintiff. The…