Campbell Soup Co. v. Davis

We shall designate the parties as they appeared in the trial court.

In December, 1932, the plaintiff purchased from the proprietor at Blackwater Filling Station in Franklin county a can of Campbell’s pork and beans. There were present the proprietor, Buck Bradley, and three companions, Cyrus Bowman, Lloyd Overfelt and Dalton Eichards. This can was opened at the time of the purchase. The plaintiff says that it was opened by himself. When he had eaten about a third of it he felt something scratch his throat, his statement being: “I felt something scratch my throat just before I bit on the glass,…