Newhall v. Ward Baking Co.
Massachusetts Supreme Judicial Court
Tort, with a declaration in two counts, for personal injuries resulting from the plaintiff swallowing a part of a nail which was imbedded in a loaf of bread manufactured by the defendant.
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Tort, with a declaration in two counts, for personal injuries resulting from the plaintiff swallowing a part of a nail which was imbedded in a loaf of bread manufactured by the defendant. Writ dated June 16, 1919. In the first count of the declaration the plaintiff alleged that “the defendant advertised a food known as ‘Ward’s Peace Time Bread’ as being prepared by the defendant and as being made in such a manner that the same was ‘100% pure and made under the most modern, scientific process;’ . . ., that the defendant represented said bread as having ‘very special merit as a healthful and…
1Opinion of the CourtDeCourcy, J.
Part of a nail, in a loaf of bread manufactured by the defendant, lodged in the plaintiff’s throat. She bought the bread from a retail grocer; and as there was no contract between her and the defendant, there is no liability based on implied warranty of the whólesomeness of food sold for immediate consumption. Gearing v. Berkson, 223 Mass. 257. Ward v. Great Atlantic & Pacific Tea Co. 231 Mass. 90. L. R. A. 1917 F 472 note. While the declaration contained no count in contract, it did contain one in tort for negligence. The general-rule that a manufacturer of an article is not liable for…
2Cases cited15 opinions
- Chatham Furnace Co. v. MoffattMassachusetts Supreme Judicial Court · 1888
- Friend v. Childs Dining Hall Co.Massachusetts Supreme Judicial Court · 1918
- Ward v. Great Atlantic & Pacific Tea Co.Massachusetts Supreme Judicial Court · 1918
- Gearing v. BerksonMassachusetts Supreme Judicial Court · 1916
- Watson v. Augusta Brewing Co.Supreme Court of Georgia · 1905
10 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Carter v. Yardley & Co.Massachusetts Supreme Judicial Court · 1946
- Adams v. Buffalo Forge Co.Supreme Judicial Court of Maine · 1982
- Weiner v. D. A. Schulte, Inc.Massachusetts Supreme Judicial Court · 1931
- Tonsman v. GreenglassMassachusetts Supreme Judicial Court · 1924
- Alpine v. Friend Bros.Massachusetts Supreme Judicial Court · 1923
20 more not listed; retrieve them via the Exa API.