Roseberry v. Wachter

Rice, J.,

in charging the jury, stated that the plaintiff’s action was based on negligence. He also defined negligence and, in substance, stated that they must determine whether plaintiff’s injuries were caused by negligence on the part of the defendant or of his employees. He further charged the jury as follows:

It is well settled that innkeepers, proprietors of restaurants, lunch rooms, and other persons who undertake to furnish the public with food are bound to use due care to see that such food is fit for human consumption, and can be partaken of without causing sickness, injury or…