(DOWNLOAD) "Cleary v. First National Stores" by Supreme Judicial Court of Massachusetts * eBook PDF Kindle ePub Free
eBook details
- Title: Cleary v. First National Stores
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 26, 1935
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
RUGG, Chief Justice. These are actions in tort and in contract, tried together and joined in a single bill of exceptions, to recover compensation for injuries alleged to have been sustained by the several plaintiffs, one being a married woman and the other three her minor children, in consequence of having partaken of cocoa sold by the defendant. At the Conclusion of the evidence the mother elected to base her action in contract upon a breach of warranty and the other three plaintiffs elected to proceed in tort. A motion for a verdict for the defendant was allowed in each case. There was evidence tending to show these facts: Mrs. Cleary, hereafter called the plaintiff, purchased a can of cocoa from the defendant out of money given her by her husband and two of the minor plaintiffs; the latter were then working and turned their wages over to her and she used it to run the house. She had been a customer at this store of the defendant for several months and had cashed her husband's checks there on various occasions. On the day in question she called for a particular kind of cocoa but on the recommendation of the defendant's manager purchased that made by a different manufacturer. So far as outward appearance was concerned, the can of cocoa was perfect. There was a yellow wrapper upon it, both ends of which were sealed, and also an inside wrapper. The plaintiff tore the covering from the top of the can, opened it with a knife and removed the cocoa with a spoon. After being made sick, the plaintiff examined the can and its contents; she found that the printing on the inner wrapper was faded, that the cocoa was mouldy and green in color, that the bottom of the can was rusty and that in it there was a small hole. All members of the family who partook of the cocoa were sick. There was medical testimony that the condition of the several plaintiffs was consistent with food poisoning such as would come from fungus growths. There was testimony from a chemist to the effect that he had examined the can in question and found it contained a certain fungus which was totally unfit for human consumption, and that in his opinion but one thing could cause the water stain, the rust spots and the hole in the bottom, coupled with what he found in the can, and that was immersion in water. The plaintiff was a married woman living with her husband and family. The manager of the defendant's store testified that he knew the plaintiff was a married woman but did not at the time of the sale know her husband although he had cashed checks payable to him.
 "Cleary v. First National Stores" by Supreme Judicial Court of Massachusetts * eBook PDF Kindle ePub Free){kind=link}