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BENJAMIN v. HOT SHOPPES, INC.

No. 3073.

185 A.2d 512 (1962)

Goldie Kandel BENJAMIN, Appellant, v. HOT SHOPPES, INC., Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided November 13, 1962.

Attorney(s) appearing for the Case

Harold L. Winston, Washington, D. C., for appellant.

James C. Gregg, Washington, D. C., with whom Hugh Lynch, Jr., Washington, D. C., was on the brief, for appellee.

Before HOOD, Chief Judge, QUINN, Associate Judge, and CAYTON (Chief Judge, Retired), sitting by designation under Code § 11-776(b).

HOOD, Chief Judge.

This action for breach of implied warranty alleged that plaintiff had become ill as a result of eating unwholesome food served by defendant. At the close of plaintiff's testimony, the trial court granted defendant's motion for a directed verdict, ruling that plaintiff had failed to establish a prima facie case.

Plaintiff, a registered nurse, was the only witness in her own behalf. She testified that on the day when her illness began, she...

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