Phegley v. Kroger Grocery & Baking Co.

This is a civil action at law for $3,000 damages for injuries to the health of the plaintiff Fleshia Isabel Phegley, alleged to have resulted from eating boiled ham purchased at the retail store of defendant Kroger Grocery and Bailing Company in Alton. It is claimed that the ham was unwholesome, impure, diseased and unfit for human consumption.

This cause comes to this court on appeal from an order denying a motion of the defendant to set aside an order of default, vacate a judgment and allow defendant to plead.

The complaint, request for summons and demand for jury trial were filed June…