Hooper Caf Eacute Co. v. Henderson

The action is to recover damages for personal injuries for alleged negligence of the proprietors of a public café, or their employees, acting within the line and scope of employment, in serving to a customer food unfit for human consumption, from which plaintiff was made sick.

The first insistence of appellant is that a case of negligence was not made out; that defendant was due the affirmative charge.

In some jurisdictions it is declared that in serving food at a public eating house there is an implied warranty that it is fit for the uses for which it is prepared and sold. This is but the…