Elson v. Morhen Inn, Inc.

The plaintiff alleges in his complaint that he was a musician employed by the defendant and that it was agreed that, as part compensation for his services, a meal was to be served him nightly in said restaurant, while so employed.

While partaking of this meal, a portion of chocolate pudding was served, which the defendant warranted and represented was fit and proper for human consumption. The said chocolate pudding, on the contrary, was highly dangerous, in that it contained several pieces of glass, which the said plaintiff swallowed with the said *541pudding. In this action, brought by the…