Campbell v. G. C. Murphy Co.

Opinion by

Stadtfeld, J.,

This was an action in trespass to recover damages for alleged food poisoning. The only pleading in the case is the plaintiff’s statement of claim, which alleged negligence on the part of defendant in the sale and service to plaintiff, of unwholesome “minced chicken salad sandwiches.”

On August 26, 1931, the woman plaintiff, Amanda Campbell, ate lunch in the restaurant of defendant company’s store on Fifth Avenue, Pittsburgh, Pennsylvania. The plaintiff and her sister, who accompanied her, ate chicken salad sandwiches with coffee and ice cream and plaintiff ate some…