CLAIM BY DINER
£ls DAMAGES AWARDED GLASS IN APPLE PIE Damages amounting to £ls and costs totalling £4 12s were awarded Charles Pratt, company manager, against John Court, Limited, in a reserved judgment delivered by Mr. J. G. L. Hewitt, S.M., in the Auckland Magistrate's Court. Plaintiff had claimed £IOO damages, alleging that while lunching in the tearoom conducted by defendant company he swallowed a piece of glass contained in an apple pie, that his tongue was cut by pieces of glass which found their way into his mouth, and that as a result of his experience his health had suffered. The magistrate said he considered the proper inference to be drawn from the evidence was that the glass had got into the pie while it was in the hands of defendant company and its servants, rather than that the glass had been introduced by plaintiff's breaking a sugar-shaker, as had been suggested by defendants. Under the circumstances, said the magistrate, there were two warranties implied by law: first, that the goods should be reasonably fit for the purpose for which they were sold, and secondly that the goods should be of merchantable quality. An apple pie with glass in it was neither fit for human consumption, nor was it of merchantable quality. Following the principle enunciated in another case, plaintiff was entitled to recover reasonable sum in damages.
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Bibliographic details
Poverty Bay Herald, Volume LXV, Issue 19668, 28 June 1938, Page 2
Word Count
229CLAIM BY DINER Poverty Bay Herald, Volume LXV, Issue 19668, 28 June 1938, Page 2
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