Bryer v. Rath Packing Co.

A small chicken bone that lodged just below the epiglottis in the esophagus of a girl eating chicken chow mein in the school cafeteria brought about this appeal. The child’s father, on his own behalf and as next friend of his daughter, brought a suit in tort for the negligence of the packer of sealed cans advertised as containing “Ready to Serve Boned Chicken” from which the manager of the cafeteria had taken the chicken used in the chicken chow mein. At the conclusion of the plaintiff’s case the trial court directed the jury to find for the defendant.

The cafeteria manager, who had had…