Goetten

Upon further consideration, we are satisfied that the conclusion reached and the views expressed in the opinion of the District Court of Appeal, Second Appellate District, Division Two, written by Fricke, J., pro tempore, are correct and we therefore adopt that opinion as the decision of this court. It is as follows:

“Appeal by defendants Owl Drug Company and its manager, R. Thomasen, from an order granting a motion for new trial.

“On November 18, 1933, respondent Hattie G. Goetten and her husband, John P. Goetten, went into appellants’ place of business and ordered some chow mein at the lunch counter. In eating the same she noticed what seemed to be sand, and near the conclusion of the meal she choked and discovered and removed from her mouth a piece of broken glass about a quarter of an inch wide and somewhat longer. She at the same time swallowed a similar piece of glass and her mouth and throat were cut by the broken glass. There was evidence that the glass splinter removed from her mouth was green in color and appeared to be the same kind of glass as that of which the water glasses and other glassware used by appellants was made. The incident was immediately reported to the…