Gray v. Kroger Grocery & Baking Co.

Mb. Presiding Justice Stone

delivered the opinion of the court.

This is an appeal from an order denying defendant’s motion to set aside an order of default and vacate a default judgment for $5,000' and allow defendant to plead.

This suit is a civil action at law for $10,000 for injuries to the health of plaintiff J. D. Gray alleged to have resulted from drinking cocoa prepared with Pet Brand Evaporated Milk purchased in a sealed can from defendant The Kroger Grocery & Baking Company, which can of milk plaintiff claims contained the decomposed body of a mouse. The complaint which was filed…