Bolitho v. Safeway Stores, Inc.

This is an action for damages. The complaint alleges that on September 11, 1937, defendant sold to plaintiff’s mother a package of food called “Ener-g” and advised her that it was good and proper to be fed to her family; that the food was in fact adulterated and unwholesome, and that it contained bugs, worms and string; that plaintiff, then seven years of age, ate some of the food after it was cooked and prepared by her mother without knowledge of its true condition, thereby causing her to become sick.

After defendant’s demurrer to the complaint was overruled it filed an answer in the form of…