Amabile v. Kramps

The opinion of the court was delivered by

Trenchard, J.

Defendants appeal from judgments in favor of the plaintiffs below, rendered by the judge of the District Court, sitting without a jury, in suits brought to recover damages occasioned by eating unwholesome food prepared by the defendants and purchased from them.

The defendants contend that the judge erred in refusing to nonsuit, and in refusing “to direct a verdict for the defendants,” i. e., a motion for judgment on the ground that no issue of fact was presented.

But that contention was certainly ill-founded as we shall show.

The rule is that…