Wilson v. Mars, Inc.

Quillian, Judge.

The plaintiff filed a claim against Mars, Inc., d/b/a Bakery Thrift Store, for damages which he alleged resulted from food poisoning he suffered from eating a cream-filled pastry which was “contaminated, and was unfit for human consumption because it was putrid and deleterious.” At the conclusion of the plaintiff’s evidence, the trial judge directed a verdict for the defendant.

Submitted March 2, 1970 Decided May 22, 1970.

There was evidence that the plaintiff ate an egg, bacon and toast at approximately 8 a.m. and at approximately 12 noon he had a hot dog and coke; between 2…