Leahy v. Essex Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff from a judgment of the County Court of Rens, selaer county, entered in the clerk’s office of that county on the 31st day of December, 1912, dismissing her complaint, with costs.
1Opinion of the Court
Kellogg, J.:
This action was brought to recover damages for the breach of an implied warranty on the sale of food for immediate consumption. The evidence showed that the plaintiff, immediately after eating her luncheon at the defendant’s lunch room, was taken violently sick, and was suffering from food poisoning. She lunched at about twelve-thirty, eating some toast, a part of a piece of chocolate pie and drinking *904some tea. The pie seemed of an unusual color and taste. She never before had eaten a piece of chocolate pie that had the same taste; . she, therefore, ate only about one-half the…
2Cases cited2 opinions
- Race v. KrumAppellate Division of the Supreme Court of the State of New York · 1914
- Race v. KrumAppellate Division of the Supreme Court of the State of New York · 1914
3Cited by11 opinions
- Friend v. Childs Dining Hall Co.Massachusetts Supreme Judicial Court · 1918
- Race v. . KrumNew York Court of Appeals · 1918
- Flessher v. Carstens Packing Co.Washington Supreme Court · 1916
- Valeri v. Pullman Co.District Court, S.D. New York · 1914
- Greenwood v. John R. Thompson Co.Appellate Court of Illinois · 1919
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