Kirkland v. Great Atlantic & Pacific Tea Co.

BOULDIN, Justice.

The action is in tort for personal injuries. The complaint, to which demurrers were sustained, charged that defendant was a retail grocery, selling foodstuffs, including flour; that the agent or servant of defendant, acting in the line and scope of employment, negligently sold to plaintiff a sack of flour containing calcium arsenate, a poison; that plaintiff ate biscuits prepared from this flour, was poisoned and made sick.

Under the liberal rule of pleading long established with us, if a complaint in. tort discloses a duty of care in the matter complained of, a general…