The Richmond Register

Lifestyles & Community

January 26, 2013

The case of the fowl sandwich

You be the judge

BEREA — Nina looked good enough to eat – and she nearly always did. A qualified candidate for All-American Snacker, eating was her favorite pastime.

However, as she was munching away on a chicken sandwich at Benny’s Beanery – all white meat is what she ordered – she suddenly became convinced that she was eating her last snack. A chicken bone lodged in her throat and she figured she was a sure goner.

Upon recovering, Nina picked a different kind of bone with Benny. She sued him for her injuries.

“It’s not my fault chickens have chicken bones,” was Benny’s defense. “That’s the way they come. Can you picture a chicken without a wishbone? It wouldn’t be a chicken.”

“When a chicken is in the barnyard,” responded Nina, “that’s one thing. But, when it’s between two slices of bread, it’s another. Since an all-white chicken sandwich should be boneless, Benny should be liable for my injuries.”

IF YOU WERE THE JUDGE, would you hold Benny responsible for serving Nina a fowl sandwich?

This is how the judge ruled: YES! The judge held that a restaurateur must exercise care to remove harmful bones from food served to a customer when the customer would not ordinarily anticipate, or guard against, the presence of bones in the food being served. In this case, concluded the judge, ordinarily there are no bones in the white meat of a chicken.

(Based upon a 1960 Wisconsin Supreme Court Decision)

Jack Strauss, a retired New York City trial attorney who now resides in Berea, wrote a syndicated column for 36 years called, “What’s the Law?” It appeared in papers coast to coast, including the Pittsburgh Press, the Los Angeles Examiner, the Hartford Times, the Kansas City Star and the Philadelphia Daily News, among many others. It appears here with his permission.

Copyright 1978, United Feature Syndicate, Inc.

1
Text Only
Lifestyles & Community
AP Video
Raw: Families Travel to Taiwan Plane Crash Site Arizona Execution Takes Almost Two Hours Gen. Odierno Discusses Ukraine, NATO at Forum Gaza Fighting Rages Amid Cease-Fire Efforts Mint Gives JFK Coin a Face-lift Creative Makeovers for Ugly Cellphone Towers Ariz. Inmate Dies 2 Hours After Execution Began Crash Kills Teen Pilot Seeking World Record LeBron James Sends Apology Treat to Neighbors Raw: Funeral for Man Who Died in NYPD Custody Migrants Back in Honduras After US Deports Israeli American Reservist Torn Over Return Raw: ISS Cargo Ship Launches in Kazakhstan Six Indicted in StubHub Hacking Scheme Former NTSB Official: FAA Ban 'prudent' EPA Gets Hip With Kardashian Tweet Bodies of MH17 Victims Arrive in the Netherlands Biden Decries Voting Restrictions in NAACP Talk Broncos Owner Steps Down Due to Alzheimer's US, UN Push Shuttle Diplomacy in Mideast
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Poll

What county fair attraction do you like most?

Amusement rides
Beauty pageants
Flora Hall craft exhibits
Horse shows
Livestock, poultry shows
Truck, tractor pulls
Mud, dirt races
Gospel sing
I like them all
     View Results