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CHINA DOLL RESTAURANT, INC. v. MacDONALD

No. 2945.

180 A.2d 503 (1962)

CHINA DOLL RESTAURANT, INC., Appellant, v. Mary E. MacDONALD, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided May 3, 1962.

Attorney(s) appearing for the Case

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

Howard A. Vogel, Washington, D. C., with whom Daniel T. Franklin, Washington, D. C., was on the brief, for appellee.

Before QUINN, Associate Judge, CAYTON (Chief Judge, Retired) sitting by designation under Code § 11-776(b), and MYERS, Associate Judge of The Municipal Court for the District of Columbia, sitting by designation.

MYERS, Associate Judge.

A restaurant corporation appeals from a judgment upon a jury verdict in a tort action in favor of appellee, a customer, for damages for food poisoning allegedly sustained by her as a result of the "careless and negligent serving of food that was not fit for human consumption."

At the trial appellee testified that she went to the appellant restaurant with a friend where they ordered, among other things, won ton soup. Appellee complained...

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