Cavanaugh v. First National Stores, Inc.

This is an 'appeal by the plaintiffs under G. L. (Ter. Ed.) c. 231, § 96, from an order of the Superior Court sustaining the demurrer of the defendant to counts 3 and 4 of the declaration on the ground that they do not state a cause of action. In count 3 the minor plaintiff, Marshall C. Cavanaugh, Junior, alleges that on December 25, 1945, while he was a viable child in the womb of his mother, who was six months advanced in pregnancy, his mother ate turkey which had been bought at the defendant’s store, which the defendant warranted to be wholesome and fit for human consumption, but which was…