Cleary v. First National Stores Inc.

These are actions in tort and in contract, tried together and joined in a single bill of exceptions, to recover compensation for injuries alleged to have been sustained by the several plaintiffs, one being a married woman and the other three her minor children, in consequence of having partaken of cocoa sold by the defendant. At the conclusion of the evidence the mother elected to base her action in contract upon a breach of warranty and the other three plaintiffs elected to proceed in tort. A motion for a verdict for the defendant was allowed in each case.

There was evidence tending to show…