LEVY v. PAUL


147 S.E.2d 722 (1966)

207 Va. 100

Richard LEVY, an Infant, etc., v. Stanley PAUL, t/a etc.

Supreme Court of Appeals of Virginia.

April 25, 1966.


Attorney(s) appearing for the Case

Alvin B. Fox, Newport News (Louis Ellenson, Ellenson & Fox, Newport News, on brief), for plaintiff in error.

Granger West, Newport News (Ford, West & Wilkinson, Newport News, on brief), for defendant in error.

Before EGGLESTON, C. J., and BUCHANAN, SNEAD, I'ANSON, CARRICO and GORDON, JJ.


CARRICO, Justice.

The question for decision here, of first impression in Virginia, is: Does a restaurant-keeper impliedly warrant the wholesomeness of the food he serves to his patrons?

The plaintiff, Richard Levy, an infant three years of age, suing by Betty Levy, his mother and next friend, filed a motion for judgment against the defendant, Stanley Paul, trading as National Restaurant, seeking to recover damages in the sum of $25,000.00.

The motion...

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