Gracey v. Waldorf System, Inc.

In this action of contract the plaintiff seeks to recover for injuries resulting from the eating of unwholesome food, furnished to him, in response to his order, by the defendant at its restaurant.

The plaintiff testified that on March 1, 1924, he ordered chicken pie, two rolls, and a cup of coffee; that he ate the food, then made a few business calls, and in three or four hours after having “eaten his lunch ... he felt sick to his stomach and vomited ”; that on his return to his home he called a doctor; that his stomach and intestines were washed with hot water; that he was “ sick for a week…