248 Mass. 275 | Mass. | 1924
It is a long established general rule that the manufacturer of a defective article is not liable to an ultimate consumer, who has purchased from a middleman, for injuries resulting from negligence in its manufacture, where there is neither fraud nor privity of contract, and the defective article is not inherently dangerous. Tompkins v. Quaker Oats Co. 239 Mass. 147, and cases cited. Windram Manuf. Co. v. Boston Blacking Co. 239 Mass. 123. 17 A. L. R. 674 note, and cases collected.
The courts generally, although on various grounds, recognize as an exception to this rule the liability of the manufacturer to third persons for negligence in the preparation of food for human consumption: whether the unfitness of the food be due to deleterious ingredients, or to the presence of a foreign substance. Wilson v. J. G. & B. S. Ferguson Co. 214 Mass. 265. Newhall v. Ward Baking Co. 240 Mass. 434, 436. Tomlinson v. Armour & Co. 46 Vroom,
There was testimony on which the jury could find these facts: The plaintiff, through her agent, bought from a neighboring grocer a loaf of bread which was manufactured by the defendants and had on it their trade mark label, “ Greenglass Bread, the Best Bread Baked.” When she attempted to eat a slice cut from the loaf her teeth came in contact with a thin piece of iron, about half an inch long and wide, and two of her teeth were broken; the piece of metal was in the centre of the loaf, and was “ covered with green stuff,” and the bread “ smelled something terrible.” The process of.mixing the ingredients, and the machinery used, were described by one of the defendants, but no explanation was offered as to the presence of this foreign substance in the loaf. The jury reasonably could infer that it got into the bread during the process of manufacture, because it was imbedded in the centre or soft part, and the discoloration of the iron and the bad odor indicated that the metal was there while the dough was soft and during a period of fermentation or other chemical change. The trial judge did not apply the doctrine of res ipso loquitur, but properly submitted the issue of negligence to the jury. We find no error in the portion of his charge that was excepted to, especially when it is considered in connection with the context. The first and seventh requests were rightly denied. Wilson v. J. G. & B. S. Ferguson Co. supra. The defendants were not entitled
Exceptions overruled.
