Merrill v. Hodson
Supreme Court of Connecticut
Action to recover damages for ptomaine poisoning alleged to have been caused by unwholesome food furnished to the plaintiff by the defendants, as restaurant keepers, in violation of an implied warranty of its fitness, brought to the Superior Court in New Haven County and tried to the jury before Burpee, J.; verdict and judgment for the plaintiff for $6,500, and appeal by the defendants.
1Opinion of the CourtPrentice, C. J.
The complaint charges, and the plaintiff claims to have proved, that .the defendants, as copartners, conducted a restaurant where they prepared and served to their customers food for immediate consumption on the premises; that the plaintiff visited their restaurant, and ordered from the bill of fare, for immediate consumption, a dish designated thereon as “creamed sweetbreads”; that in response to the order a dish known by that name was served to her, prepared and ready to be eaten by her; that the food so served was not wholesome or fit to be eaten; that the plaintiff ate the food, and that…
2Cases cited6 opinions
- Doyle v. Fuerst & Kraemer, Ltd.Supreme Court of Louisiana · 1911
- Sheffer v. WilloughbyIllinois Supreme Court · 1896
- Bigelow v. Maine Central RailroadSupreme Judicial Court of Maine · 1912
- Crocker v. Baltimore Dairy Lunch Co.Massachusetts Supreme Judicial Court · 1913
- Pantaze v. WestAlabama Court of Appeals · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Burkhardt v. Armour & Co.Supreme Court of Connecticut · 1932
- Friend v. Childs Dining Hall Co.Massachusetts Supreme Judicial Court · 1918
- Mix v. Ingersoll Candy Co.California Supreme Court · 1936
- F. W. Woolworth Co. v. WilsonCourt of Appeals for the Fifth Circuit · 1934
- Betehia v. Cape Cod Corp.Wisconsin Supreme Court · 1960
25 more not listed; retrieve them via the Exa API.