Silva v. F. W. Woolworth Co.

Plaintiff sued for damages for injuries resulting from a piece of bone found in a meal served at defendant’s restaurant. The cause was tried by the court, and plaintiff had judgment for $500 general damages.

The facts are undisputed; the only question involved is whether as a matter of law they constitute a breach of warranty, or negligence. Plaintiff ordered a “special plate” of roast turkey with dressing and vegetables. When it was served to her, she removed the one slice of turkey and ate some of the dressing. She'choked, or gagged, and with the aid of a bystander, emitted a small bone…