Page:Train - Tutt and Mr Tutt (Scribner, 1922).djvu/204

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Tutt and Mr. Tutt

casserole containing the stew was borne into the dining room and the dish was served.

Suddenly Mr. Newbegin contorted his mouth and exclaimed:

"Heck! A mouse!"

It was. The head waiter was summoned, the manager, the owner. Guests and garçons crowded about Tutt and Mr. Newbegin to inspect what had so unexpectedly been found. No one could deny that it was, mouse—cooked mouse; and Newbegin had ordered kidney stew. Then Tutt had had his inspiration.

"You shall pay well for this!" he cried, frowning at the distressed proprietor, while Newbegin leaned piteously against a pâpier-maché pillar. "This is an outrage! You shall be held liable in heavy damages for my client's indigestion!"

And thus Tutt & Tutt got their first case out of Newbegin, for under the influence of the eloquence of Mr. Tutt a jury was induced to give him a verdict of one thousand dollars against the Comers Hotel, which the Court of Appeals sustained in the following words, quoting verbatim from the learned brief furnished by Tutt & Tutt, Ephraim Tutt of counsel:


"The only legal question in the case, or so it appears to us, is whether there is such a sale of

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