Friend v. Childs Dining Hall Co.
Massachusetts Supreme Judicial Court
Tort or contract for injuries sustained by the plaintiff in attempting to eat foreign matter furnished to her as food at the defendant’s restaurant in Boston on July 12,1915, the declaration containing a count in tort for personal injuries and a count in contract, which is quoted below. Writ dated December 4, 1915, and amended on January 2, 1917, by adding the words “or contract.”
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Tort or contract for injuries sustained by the plaintiff in attempting to eat foreign matter furnished to her as food at the defendant’s restaurant in Boston on July 12,1915, the declaration containing a count in tort for personal injuries and a count in contract, which is quoted below. Writ dated December 4, 1915, and amended on January 2, 1917, by adding the words “or contract.” The second count, on which the plaintiff elected to rely, waiving her first count, was as follows: “ Count 2. Now comes the plaintiff in the above entitled action and says that the defendant corporation owned,…
1Opinion of the CourtRtxgg, C. J.
There was evidence tending to show that the defendant kept in Boston a restaurant, in which the plaintiff ordered from one of the waitresses, “New York baked beans and corned beef.” This food was served to the plaintiff and she sat at a table to eat it. She testified, “I started to eat the food and there were two or three dark pieces which I thought were hard beans, that is, baked more than the *68others, and I put' two in my mouth and bit down hard on them, and ... I was hurt. ... I took those things out of my mouth and found they were stones.” There was no further evidence that the plaintiff…
2Cases cited39 opinions
- Crocker v. Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1911
- Mazetti v. Armour & Co.Washington Supreme Court · 1913
- Doyle v. Fuerst & Kraemer, Ltd.Supreme Court of Louisiana · 1911
- Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
- Gearing v. BerksonMassachusetts Supreme Judicial Court · 1916
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3Cited by81 opinions
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- Davis v. Van Camp Packing Co.Supreme Court of Iowa · 1920
- F. W. Woolworth Co. v. WilsonCourt of Appeals for the Fifth Circuit · 1934
- Schuler v. Union News Co.Massachusetts Supreme Judicial Court · 1936
- Elizabeth Margaret Dallison and Max Dallison v. Sears, Roebuck and Co., a CorporationCourt of Appeals for the Tenth Circuit · 1962
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