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BRYER v. RATH PACKING CO.

[No. 77, September Term, 1959.]

221 Md. 105 (1959)

156 A.2d 442

BRYER, ETC. v. RATH PACKING COMPANY

Court of Appeals of Maryland.

Decided December 11, 1959.

Attorney(s) appearing for the Case

Robert G. Tobin, Jr., with whom was Howard J. Thomas on the brief, for the appellant.

Joseph B. Simpson, Jr., with whom were Vivian V. Simpson, H. Algire McFaul and Simpson & Simpson on the brief, for the appellee.

The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.

HAMMOND, J., delivered the opinion of the Court.

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...

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