Davison-Paxon Co. v. Archer

1. The allegations of the petitions show that the defendant operates a tearoom, in connection with its department-store business, to which the public is invited. Shortly after noon on August 5, 1949, the plaintiff, Mrs. Archer, went to the tearoom to eat her lunch. She ordered and was served creamed turkey on corn bread. When she had eaten about three-fourths of the food, “she felt a hard, sharp substance go down her throat.” Shortly afterwards she began to suffer pain in her throat, and she coughed and spit up a large amount of blood. She went to her personal physician, who took her to Ponce…