Benevento v. A. & P. Food Stores, Inc.

MOSCOWITZ, District Judge.

The plaintiff, Emma Benevento, in the complaint claims damages which she sustained by reason of the negligence of the defendant. The complaint alleges that the plaintiff Emma Benevento did partake of some sugar, in which there was a mixture of glass, which she had purchased from the defendant on or about July 9, 1938. The other plaintiff, George Benevento, the husband of Emma Benevento, sues for loss of services.

The plaintiffs seek to examine the defendant by its manager or employee in charge of the store where the sugar was purchased on the following matter:…