O'Brien v. Louis K. Liggett Co.

As brought, this was an action in tort or contract to recover damages alleged to have been sustained by the plaintiff as a consequence of eating strawberry shortcake containing small particles of glass, served to her by the defendant or its agents or servants at one of its drug stores. The first count alleged in substance that the injury sustained ,by the plaintiff was suffered by reason of the “carelessness and negligence of the defendant, its agents or servants.” The second count alleged an implied warranty that the cake served was wholesome and fit to eat and the breach of that warranty.…