Stewart v. Martin

This is an action for $10,000.00 damages for injuries from food poisoning claimed to be due to unwholesome food sold to plaintiff by defendant. The court directed a verdict for defendant and plaintiff has appealed from the judgment entered thereon.

Plaintiff’s petition alleged that he ate a ham sandwich at defendant’s cafeteria; that “the meat contained in said sandwich, although such fact was then unknown to him, was unwholesome and totally unfit for human consumption”; and that “by reason of his having eaten and consumed the same, as aforesaid, he became, and was, poisoned thereby”.

As to his…