Devereaux v. McGarry's, Inc.

These are two separate civil actions to recover damages resulting from alleged food poisoning. The complaint in each case alleges that on June 20, 1968, defendant operated a restaurant in Providence; that on that date plaintiffs purchased from defendant a piece of lemon meringue pie which they consumed in the restaurant; that the pie was not of merchantable quality; and that it caused plaintiffs to become violently ill shortly after eating the pie. The cases, which were consolidated for trial, were heard before a justice of the Superior Court sitting without a jury. On January 28, 1969, the…