Legal Opinion
McPherson v. Capuano & Co.
Court of Appeals of Georgia
Decided October 11, 1923No. 14402PublishedCited by 22 opinions
1Opinion of the CourtBell, J.
1. “Persons who engage in the business of furnishing food for consumption by man are bound to exercise care and prudence respecting the fitness of the articles furnished, and they may be held liable in damages, if, by reason of any negligence on their part, corrupt or unwholesome provisions are sold and persons are made ill thereby. . . It is not necessary to aver that the defendant knew of the injurious quality. It is sufficient if it appears that he ought to have known of it, and was negligent in furnishing unwholesome food, by reason whereof the plaintiff was injured.” 11 R. C. L. 1118, §…
2Cases cited12 opinions
- Chenall v. Palmer Brick Co.Supreme Court of Georgia · 1903
- Payne v. Rome Coca-Cola Bottling Co.Court of Appeals of Georgia · 1912
- Sinkovitz v. Peters Land Co.Court of Appeals of Georgia · 1909
- Atlanta Coca-Cola Bottling Co. v. DannemanCourt of Appeals of Georgia · 1920
- Sheffer v. WilloughbyIllinois Supreme Court · 1896
7 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- F. W. Woolworth Co. v. WilsonCourt of Appeals for the Fifth Circuit · 1934
- Donaldson v. Great Atlantic & Pacific Tea Co.Supreme Court of Georgia · 1938
- Armour & Co. v. MillerCourt of Appeals of Georgia · 1929
- Cassano v. Pilgreen's, Inc.Court of Appeals of Georgia · 1968
- Colonna v. Rosedale Dairy Co.Supreme Court of Virginia · 1936
17 more not listed; retrieve them via the Exa API.