Henri Niemann v. Grand Central Market

McDONOUGH, Justice. Plaintiffs brought this action to recover damages for illness resulting from trichinosis allegedly contracted
from meat sold by the defendant. From a judgment in favor of plaintiffs, entered upon a verdict of the jury, defendant appeals. The record evidences that on the 24th of June, 1955, Mr. and Mrs. Niemann purchased ground beef and other groceries at defendant's
place of business. This ground beef was later seasoned, mixed with raw egg and eaten, uncooked, by plaintiffs. Some ten days
later, on July 4th, Mr. and Mrs. Niemann fell ill; by July 14th all the plaintiffs were afflicted. The severity of their illness
ranged from the most serious case, Mrs. Niemann, who spent two weeks in a hospital, to Renate Niemann who was only confined
to her bed for a few days. Each plaintiff suffered a degree of infection directly proportional to the amount of ground beef
he had eaten. Two members of the household who failed to eat any of the meat remained unaffected. There is no dispute that
plaintiffs were afflicted with trichinosis.