Pennsylvania Court of Common Pleas November 19, 1952, File No. 57796 (Moseley v. Frankel)

Pastore, J.

This is an action to recover damages for personal injuries resulting from eating a hamburger sandwich procured at the restaurant of the defendants on August 1, 1951. The first count is in negligence. A second count, added by amendment, is based upon an alleged warranty of wholesomeness and fitness “as is provided by statute.