Healey v. First National Stores, Inc.

Action of tort or contract in which the plaintiff seeks to recover for injuries caused by eating liver purchased from the defendant by the plaintiff’s daughter, the trial judge finding that the liver was unfit for food. There was a finding for the plaintiff. The defendant filed eight requests for rulings of which three were allowed, one was waived at the trial, and four were denied. These four requests, and the dispositions of them by the trial judge, are as follows :

“1. Upon all the evidence, the court is warranted in finding that there was no contract between the plaintiff and defendant.…