Childs Dining Hall Co. v. Swingler

Offutt, J.,

filed a dissenting opinion as follows, in which Urner, J., concurred.

Mrs. Julia Swingler, on the afternoon of May 30, 1936, ordered a crab sandwich and a glass of beer in a restaurant operated by the Childs Dining Hall Company at Charles and Fayette Streets, Baltimore, Maryland, which were served at a table in the restaurant. She had eaten all of the sandwich but a small piece of bread but, when she attempted to eat that, she bit down on a piece of tin an eighth of an inch wide and three-eighths or a half an inch long, which was imbedded in it. When she bit down on it, it became…