IN A CHOCOLATE.

Stratford Evening Post, Volume XXXV, Issue 90, 23 April 1913, Page 5

IN A CHOCOLATE.

FfNDSNG A FSNCER-NAIL. JUDGE RELATES EXPERIENCE. While eating a chocolate purchased at an Ammnclale (Sydney) shop, Mrs Evelyn Mildred Shaw, of Young street, in -that suburb, found a human finger-nail in the sweetmeat. Accordingly in the District Court on Monday, 11th inst., before Judge Rackhouse, she proceeded against the confectioner, Mi’s Emily Jane Symonds, claiming £2OO damages. It appeared from the evidence (says the Daily Telegraph) that the chocolates were taken from a freshly-opened box. The defence was that there was no warranty of sale, while it was also denied that any injury had been caused. Mr Perry (instructed by Mr F. J. Tanner) appeared for tne plaintiff, and Mr Windeyer (instructed by Messrs Mark Mitchell and Forsyth) for the defendant. The lollies, it was shown by the evidence of the plaintiff, were purchased by a friend of hers, and having bitten one of the chocolates, witness found the finger-nail sticking between two of her front teeth. As a result, she had been very ill.

His Honor inquired of the witness what it was that had made her ill. and remarked that a finger-nail was not a dreadful thing. •Mr Perry replied that it w.-.-s a whole nail, with a piece of flesh adhering to it. Replying to Mr Windeyer, the witness said that she bit right down on the. nail, which went up between two front teeth.

Dr. Ludlow stated that he had attended plaintiff, and found that she was suffering from shock. She had to undergo an operation, She stated that her illness had been caused through having found the finger-nail in her mouth.

His Honor observed that anyone of them had had worse than that in his mouth. '‘A bad egg is worse,” he added, “and we have all had that. Again, a bad oyster is considerably worse.”

The defendant’s evidence was that she had bought the lollies from a wholesale dealer. When the young lady' asked for threepence worth of chocolates, the witness said she had some that were fresh, and die then opened the box for the first time, and taking out the chocolates put them into a bag, and handed them to the purchaser. The plaintiff had bought groceries from her since.

Mr Perry remarked in the course .of argument that to discover a fingernail in a chocolate would turn anybody’s stomach.—

His Honor promptly observed that it Would not turn ,his.. ‘T, have had infinitely worse in’-my ’m.Outh,” said lie, amid laughter. “The two things I have mentioned are both much worse; and I have h'ad both/ When the oyster gets to the top of your throat, and you don’t know which way it is going, it is particularly unpleasant.” • Mr Perry ventured the suggestion that perhaps his Honor was made ill over it.

“Nb,” replied the Judge, cheerily Judgment was reserved.