Allen v. Grafton
Ohio Supreme Court
164 N.E.2d 167 (1960)
- Written by Emily Laird, JD
Facts
A customer (plaintiff) ate a fried oyster that contained a large piece of oyster shell. The customer sued the operator of the restaurant (defendant) for strict liability, alleging that the operator served adulterated food not fit for eating due to the presence of oyster shell in the customer’s fried oyster. The operator argued that the customer should have anticipated that a fried oyster might contain a piece of oyster shell and, further, that the customer could have removed the single large piece of shell from his food, rendering the dish edible. The trial court granted the operator’s motion to dismiss. The customer appealed, and the appellate court reversed the trial court’s dismissal of the action. The operator appealed to the state supreme court.
Rule of Law
Issue
Holding and Reasoning (Taft, J.)
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