McCarey v. Stop & Shop, Inc.

Action of contract or tort to *62recover for injuries resulting from the presence of a foreign substance in a can of spinach sold by the defendant to the plaintiff. There was evidence tending to show that on the 15th day of December, 1964 the plaintiff purchased two cans of spinach from the defendant. While the cans were being heated she ate two forkfuls directly from one of the cans and was in the process of eating a third forkful and “had swallowed half thereof when she tasted something ‘strange’ and immediately spat out the remains of the third forkful into her hand and placed them in a piece…