Ash v. Childs Dining Hall Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been sustained by the plaintiff on July 8, 1915, by reason of the defendant’s negligence in serving to the plaintiff as food a piece of blueberry pie in which a nail or tack was concealed.
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Tort for personal injuries alleged to have been sustained by the plaintiff on July 8, 1915, by reason of the defendant’s negligence in serving to the plaintiff as food a piece of blueberry pie in which a nail or tack was concealed. Writ dated February 16, 1916. The plaintiff’s declaration was as follows: “And the plaintiff says the defendant is a corporation duly established by law and conducts dining halls in Boston, selling food to customers; that on or about July 8, 1915, while, she was a customer of the defendant company, eating in a dining hall of said defendant, to wit at 269 Washington…
1Opinion of the CourtRugg, C. J.
This is an action of tort. It rests solely upon allegations of negligence. The burden of proving that the proximate cause of the plaintiff’s injury was the negligence of the defendant or its servants or agents rested on the plaintiff. It is; well settled that the duty rests upon the keeper of an inn, restaurant or other eating place to use due care to furnish wholesome food, fit to eat. Failure in this respect resulting in injury is. foundation for an action for negligence. Bishop v. Weber, 139 Mass. 411, 417. Crocker v. Baltimore Dairy Lunch Co. 214 Mass. 177. Wilson v. J. G. & B. S.…
2Cases cited11 opinions
- Waters-Pierce Oil Co. v. DeselmsSupreme Court of the United States · 1909
- Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
- Tomlinson v. Armour & Co.Supreme Court of New Jersey · 1908
- Bishop v. WeberMassachusetts Supreme Judicial Court · 1885
- Hasbrouck v. Armour & Co.Wisconsin Supreme Court · 1909
6 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Mix v. Ingersoll Candy Co.California Supreme Court · 1936
- Gedra v. Dallmer Co.Ohio Supreme Court · 1950
- Coca-Cola Bottling Works v. SullivanTennessee Supreme Court · 1942
- Schuler v. Union News Co.Massachusetts Supreme Judicial Court · 1936
- Norfolk Coca-Cola Bottling Works, Inc. v. KrausseSupreme Court of Virginia · 1934
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