Great Atlantic & Pacific Tea Co. v. Walker

FUNDERBURK, Justice.

By this suit Hoyt Walker seeks to recover against the Great Atlantic & Pacific Tea Company damages for injuries to' himself in the sum of $1,350 and to his wife in the sum of $1,250 as the alleged result of ptomaine poisoning from eating of the contents of a can of corn purchased from the defendant’s grocery store in Baird, Tex. Plaintiff’s petition_px&dieated his claim of defeñítañFsNIability on two grounds; implied warranty and negligence.

Upon the trial, after the court had overruled a motion by defendant for an instructed verdict, the case was submitted to a jury upon…