Swift & Co. v. Blackwell

SOPER, Circuit Judge.

The plaintiff in the District Court obtained a judgment for $1,500 in a suit for damages suffered when he accidentally swallowed fragments of broken glass said to have been contained in a sealed can of condensed or evaporated milk bearing the label of the defendant company. A motion for a directed verdict was made by the defendant on the grounds that the evidence conclusively showed (1) that the goods were manufactured and packed under the best possible conditions and without negligence, and (2) that Swift & Co. was not the manufacturer of the goods, and had no privity of…