Betehia v. Cape Cod Corp.

This is a case of first impression. No Wisconsin cases are cited by either the plaintiff or the defendant and we have not found any on the precise point involved. The controlling questions are whether the presence in the sandwich of the chicken bone of the size described in the complaint, which is natural to the meat contained in the sandwich, constituted a breach of an implied warranty by the restaurateur that the chicken sandwich was reasonably fit for human consumption; and whether the defendant restaurant operator was negligent in preparing and serving such a sandwich in his public…