BARFIELD v. F.W. WOOLWORTH CO.


329 Mass. 641 (1953)

110 N.E.2d 103

FANNY M. BARFIELD vs. F.W. WOOLWORTH CO.

Supreme Judicial Court of Massachusetts, Suffolk.

January 6, 1953.


Attorney(s) appearing for the Case

Michael Bloom, for the plaintiff.

Walter I. Badger, Jr., for the defendant.

Present: QUA, C.J., LUMMUS, RONAN, WILLIAMS, & COUNIHAN, JJ.


LUMMUS, J.

In a District Court the judge found for the plaintiff on a count for personal injury to the plaintiff resulting from eating an apple dumpling purchased from the defendant at its restaurant, which apple dumpling the defendant warranted to be fit for human consumption but which was unfit therefor. A physician who attended the plaintiff testified that she was suffering from food poisoning, caused by eating something within three hours before she became ill...

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