Richenbacher v. California Packing Corp.

This is an action of tort to recover damages caused to the plaintiff by biting upon a piece of glass while eating spinach. The spinach had been taken from a can purchased from a retailer, who had purchased it from a wholesale grocer to whom it had been sold by the defendant.

The declaration was in two counts: the first alleging a misrepresentation by the defendant; and the second alleging negligence of the defendant in that it “ carelessly and negligently allowed and put within and concealed within the can of spinach a piece or pieces of glass.” At the close of the evidence, which the bill of…