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GRITZ v. HOT SHOPPES

No. 1673.

117 A.2d 126 (1955)

Lillian GRITZ and Freda Chernikoff, Appellants, v. HOT SHOPPES, Inc., a body corporate, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided September 23, 1955.

Attorney(s) appearing for the Case

Samuel Intrater, Washington, D. C., with whom Albert Brick, Washington, D. C., was on the brief, for appellants.

William H. Clarke, Washington, D. C., with whom Richard W. Galiher, Washington, D. C., and William E. Stewart, Jr., Washington, D. C., were on the brief, for appellee.

Before CAYTON, Chief Judge, and HOOD and QUINN, Associate Judges.

HOOD, Associate Judge.

This action was brought to recover damages allegedly sustained by plaintiffs in eating food while customers in defendant's restaurant. From a verdict and judgment awarding plaintiffs $1 each, they bring this appeal.

The record shows that on July 8, 1954, plaintiffs visited defendant's restaurant and were served waffles. Plaintiffs testified that the waffles "tasted and smelled like they contained carbolic acid"; that each of them consumed...

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