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F. W. WOOLWORTH CO. v. WILSON

No. 7208.

74 F.2d 439 (1934)

F. W. WOOLWORTH CO. v. WILSON.

Circuit Court of Appeals, Fifth Circuit.

December 21, 1934.

Attorney(s) appearing for the Case

Pinkney Grissom and Alex W. Spence, both of Dallas, Tex., for appellant.

D. M. Oldham, Jr., of Abilene, Tex., for appellee.

Before FOSTER, SIBLEY and HUTCHESON, Circuit Judges.

SIBLEY, Circuit Judge.

Clevie Wilson sued F. W. Woolworth Company because of a slowly developing but serious bodily injury which she claimed resulted from swallowing some glass in an ice cream soda furnished her, and recovered a verdict for $7,500; the company appealing. The suit was in two counts, one charging negligence in the preparation and service of the ice cream soda, the other asserting an implied warranty that the...

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