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Products Liability Keyed to Fischer, 6th Ed.
Lane v. C. A. Swanson & Sons
Citation:
130 Cal.App.2d 210, 278 P.2d 723 (1955)Facts
The plaintiff, John V. Lane, purchased a can of “boned chicken” packaged by defendant C. A. Swanson & Sons and sold by defendant Foods Company. The can’s label prominently displayed the words “Boned Chicken.” Prior to his purchase, Lane had seen newspaper advertisements for the product that explicitly stated the chicken contained “No bones. No waste.” When consuming the product, Lane suffered injury when a bone fragment became lodged in his throat, requiring medical and surgical treatment. Lane filed suit alleging breach of warranty, claiming the defendants had warranted the product to be free from chicken bones. The defendants denied making such a warranty, arguing they only warranted the product to be fit for human consumption. They contended that the term “Boned Chicken” merely indicated the preparation method, not that the product was entirely bone-free.
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