Julian v. Laubenberger

This action is brought to recover damages upon the ■following facts: On June 29, 1894, the plaintiff purchased from the defendant -a can of prepared salmon. She prepared and dressed it within ap hour of the time of the purchase, and, with her family, ate of the salmon. She was taken violently ill, and remained so for some time. Others who- partook of. the salmon were also made ill. Evidence was given upon, the trial to show that the. salmon sold was unwholesome and unfit to be eaten.- The cause was .submitted to the jury, upon an instruction that there was an implied warranty upon' the -part…