Lillian Agnes Wieland and Charles L. Wieland v. C. A. Swanson & Sons

HASTIE, Circuit Judge.

Plaintiff wife was injured by swallowing, in a mouthful of canned chicken fricassee, some object which was hard and sharp enough to tear the lining of her esophagus. She and her husband sued the manufacturing processor on the theory that the injurious substance was introduced or permitted to remain in the chicken fricassee through the negligence of the processor. The court charged the jury that if it found that the injury was caused by a chicken bone, plaintiffs could not recover. 1 The jury verdict was for defendant and plaintiffs appeal.

The place of wrong was New…