Bagre v. Daggett Chocolate Co.

The finding is attacked by the appeal but cannot be corrected in any respect materially affecting the issues which determine it. In so far as the defendant’s liability is concerned these material facts, summarized in part, appear from the finding. In a bingo game which the plaintiff had paid a fee to enter, he won a box of chocolates manufactured by the defendant. Several days later, on January 18, 1938, the plaintiff opened the box, took out a chocolate caramel and started to chew it. Within a second or two he bit into a hard metallic substance which broke off one of his upper teeth. Nothing…