Rytter v. Parthenides

This is an action by the plaintiff to recover damages for personal injuries arising from food poisoning allegedly suffered after consuming food at defendants’ restaurant on August 12, 1962. Since the causes of action are brought in both negligence and contract, the plaintiff has elected to proceed on the breach of warranty action (Personal Property Law, § 96, in effect August 12, 1962).

The plaintiff is a bus driver employed by “ Trailways ”, an interstate bus company engaged in this instance of transporting passengers for hire between Washington, D. C. and New York City.

At about 1:00 a.m. on…