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DICKENS v. HORN & HARDART BAKING CO.

209 A.2d 169 (1965)

Ethel DICKENS and Ernest Dickens, Plaintiffs, v. HORN & HARDART BAKING CO., a Pennsylvania corporation, Defendant.

Superior Court of Delaware, New Castle.

February 3, 1965.

Attorney(s) appearing for the Case

Wilfred J. Smith, Jr., Wilmington, for plaintiffs.

E. N. Carpenter, II, of Richards, Layton & Finger, Wilmington, for defendant.

STOREY, Judge.

On April 10, 1961, plaintiffs, Ethel and Ernest Dickens, entered a restaurant operated by the defendant corporation in Wilmington, Delaware. After seating themselves at a table, plaintiffs ordered dinner from a waitress employed by the restaurant. In addition to the main course, Mrs. Dickens ordered and received a dish of coleslaw.

A visual inspection of the coleslaw revealed nothing unusual, and Mrs. Dickens began to eat the food without incident...

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