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WIELAND v. C. A. SWANSON & SONS

No. 271, Docket 23134.

223 F.2d 26 (1955)

Lillian Agnes WIELAND and Charles L. Wieland, Plaintiffs-Appellants, v. C. A. SWANSON & SONS, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided June 1, 1955.

Attorney(s) appearing for the Case

George A. Raftery, New York City (O'Brien, Driscoll & Raftery and Arthur F. Driscoll, New York City, on the brief), for plaintiffs-appellants.

J. Christopher Meyer, Jr., New York City (Breed, Abbott & Morgan and Thomas W. Kelly, New York City, on the brief), for defendant-appellee.

Before CLARK, Chief Judge, and FRANK and HASTIE, Circuit Judges.

HASTIE, Circuit Judge.

Plaintiff wife was injured by swallowing, in a mouthful of canned chicken fricassee, some object which was hard and sharp enough to tear the lining of her esophagus. She and her husband sued the manufacturing processor on the theory that the injurious substance was introduced or permitted to remain in the chicken fricassee through the negligence of the processor. The court charged the jury that if it...

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