Doyle v. Fuerst & Kramer, Ltd.

Alleging that he was poisoned by defendant’s furnishing him unwholesome, poisonous and dangerous food negligently prepared, at its restaurant in this city, plaintiff sues for damages resulting from the eating of said food.

The cause of action is specifically based on breach of contract.

The district judge who saw and heard the witnesses states the following as his conclusions of fact:

‘There is no doubt in the mind of the court that plaintiff was suffering from ptomaine poison, contracted in plaintiffs ’ confectionary, but the court considers that defendants used . every precaution and did all…