Legal Opinion
Dickens v. Horn & Hardart Baking Co.
Superior Court of Delaware
Decided February 3, 1965No. 506PublishedCited by 2 opinions
1Opinion of the Court
STOREY, Judge.
On April 10, 1961, plaintiffs, Ethel and Ernest Dickens, entered a restaurant operated by the defendant corporation in Wilmington, Delaware. After seating themselves at a table, plaintiffs ordered dinner from a waitress employed by the restaurant. In addition to the main course, Mrs. Dickens ordered and received a dish of coleslaw.
A visual inspection of the coleslaw revealed nothing unusual, and Mrs. Dickens began to eat the food without incident. While plaintiff was eating the coleslaw, she experienced a sudden pain in her upper right jaw, which subsequent investigation showed…
2Cases cited9 opinions
- Howard v. Food Fair Stores, New Castle, Inc.Supreme Court of Delaware · 1964
- Ciociola v. Delaware Coca-Cola Bottling CompanySupreme Court of Delaware · 1961
- Sofman v. Denham Food Service, Inc.Supreme Court of New Jersey · 1962
- Quinn v. Swift & Co.District Court, M.D. Pennsylvania · 1937
- Roseberry v. WachterSuperior Court of Delaware · 1925
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3Cited by2 opinions
- Handy v. Uniroyal, Inc.District Court, D. Delaware · 1971
- National Fire Insurance v. Pennsylvania RailroadSuperior Court of Delaware · 1966