Burgess v. Sanitary Meat Market

Riley, Judge:

Richard Burgess brought this action of trespass on the case against Sanitary Meat Market, in the Circuit Court of Raleigh County, for the recovery of damages for injuries alleged to have been caused by diseased or infected meat purchased by ■ plaintiff in defendant’s retail store. This writ of error is prosecuted to a judgment in favor of defendant based upon a verdict for defendant directed at the conclusion of plaintiff’s evidence.

Plaintiff’s theory of recovery, as disclosed by the declaration, is that defendant was engaged in the business of buying and re-selling meats in…