Doyle v. Fuerst & Kraemer, Ltd.
Supreme Court of Louisiana
Certiorari to Court of Appeal, Parish of Orleans. Action by Joseph Doyle against Fuerst & Kraemer, Limited. Application by defendant for certiorari or writ of review to a judgment in the Court of Appeal in favor of plaintiff.
1Opinion of the CourtProvosty, J.
[1] The defendant keeps a confectionary where refreshments are served to the public to be consumed on the premises. Plaintiff alleges that he was ptomaine poisoned from having eaten cakes and chocolate with whipped cream at defendant’s establishment, and demands $150 damages for the sufferings caused by the illness.
The defense is that the said food was wholesome, and plaintiff was not poisoned; but that, if he was, defendant is not responsible, because not guilty of any negligence; and that, at all events, the measure of the damages is simply the restitution of the price.
We agree with the…
2Cases cited8 opinions
- Kellogg Bridge Co. v. HamiltonSupreme Court of the United States · 1884
- Passinger v. . ThorburnNew York Court of Appeals · 1866
- George v. Shreveport Cotton Oil Co.Supreme Court of Louisiana · 1905
- Bishop v. WeberMassachusetts Supreme Judicial Court · 1885
- French v. ViningMassachusetts Supreme Judicial Court · 1869
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3Cited by85 opinions
- Weber v. Fidelity & Casualty Insurance Co. of NYSupreme Court of Louisiana · 1971
- Larkin v. State Farm Mutual Automobile InsuranceSupreme Court of Louisiana · 1957
- Philippe v. Browning Arms Co.Supreme Court of Louisiana · 1981
- Grigsby v. Coastal Marine Service of Texas, Inc.Court of Appeals for the Fifth Circuit · 1969
- Young v. Ford Motor Co., Inc.Supreme Court of Louisiana · 1992
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