Pantaze v. West
Alabama Court of Appeals
Damages for Furnishing Tainted Food. Appeal from Birmingham City Court. Heard before Hon. H. A. Shakpe. Action by Eugene N. West against Charles D. Pan-taze. From a judgment for plaintiff, defendant appeals. The facts sufficiently appear in the opinion. The following charges were given at the instance of the plaintiff: “(1) If any member of the jury has business or other relations with the defendant, then that juror has no right to be biased by such relations.
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Damages for Furnishing Tainted Food. Appeal from Birmingham City Court. Heard before Hon. H. A. Shakpe. Action by Eugene N. West against Charles D. Pan-taze. From a judgment for plaintiff, defendant appeals. The facts sufficiently appear in the opinion. The following charges were given at the instance of the plaintiff: “(1) If any member of the jury has business or other relations with the defendant, then that juror has no right to be biased by such relations. (2) If the jury are reasonably satisfied from the evidence that any witness willfully swore falsely to any material matter, the jury…
1Opinion of the CourtPelham, J.
The judgment for the plaintiff from which this appeal is prosecuted was rendered in an action of tort, brought to recover damages for injuries alleged to have been caused by the defendant’s negligence in selling to the plaintiff spoiled or tainted food, or food •unfit for human consumption.
The defendant was the keeper of a public restáurant or cafe in the city of Birmingham, and the plaintiff partook of a midday meal in the establishment, and a few hours thereafter became violently sick; and, attributing the cause to the negligent service to him in this public eating place of improper and…
2Cases cited22 opinions
- Huset v. J. I. Case Threshing Mach. Co.Court of Appeals for the Eighth Circuit · 1903
- Barnewall v. MurrellSupreme Court of Alabama · 1895
- Doyle v. Fuerst & Kraemer, Ltd.Supreme Court of Louisiana · 1911
- Tomlinson v. Armour & Co.Supreme Court of New Jersey · 1908
- Schubert v. J. R. Clark Co.Supreme Court of Minnesota · 1892
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- Flagstar Enterprises, Inc. v. DavisSupreme Court of Alabama · 1997
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