Johnson v. Kanavos

These three cases were tried together in a district court and there was a finding for each plaintiff. There was evidence that each of the plaintiffs, shortly after twelve o’clock at night on July 8, 1933, purchased at a lunch stand operated by the defendant and ate a “hot frankfurt sandwich” and that all became sick within four hours thereafter. There was testimony from the plaintiffs that the sandwiches “tasted off color,” not “just right” and “peculiar.” There was evidence as to what each of the plaintiffs had eaten since morning on July 7 and it did not appear that up to the time of eating…