Hebert v. Loveless

KEITH, Justice.

The defendants below appeal from an unfavorable judgment in a suit arising out of food poisoning. Plaintiffs were patrons in a restaurant owned by Hebert and all became ill soon after consuming food, ice, or beverages in the restaurant. The ice was manufactured by the defendant ice company while the food and beverage was prepared by the restaurant owner. Suit was brought under the theory of strict liability and breach of the implied warranty that the food, ice and beverages served to plaintiffs was fit for human consumption and contained no deleterious or harmful substances.

Base…