Curtice Bros. v. Barnard
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the District of Indiana; Albert B. Anderson, Judge. Suit by the Curtice Bros. Company against Harry E. Barnard and others. Judgment for defendants, and complainant appeals.
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Appeal from the District Court of the United States for the District of Indiana; Albert B. Anderson, Judge. Suit by the Curtice Bros. Company against Harry E. Barnard and others. Judgment for defendants, and complainant appeals. Appellant and another filed their sworn bill against the Food and Drug Commissioner and the members of the State Board of Health of the state of Indiana, praying that they be restrained from enforcing their determination to prosecute criminally those who sold complainants’ goods containing benzoate of soda, and from publishing statements that such sale was illegal,…
1Opinion of the CourtKohlsaat, Circuit Judge
(after stating the facts as above). [1, 2] From the evidence and the master’s report thereon, it is evident that the question of the harmfulness and harmlessness of benzoate of soda is, as yet, an open one in the scientific world. While the voluminous record of this case deals largely with that question, it is a question of fact. The finding of fapt of the master may not, in the absence of convincing evidence to the contrary, be set aside. To show that the report is erroneous and not justified by the evidence, the burden rests upon appellant. That burden is not convincingly sustained by the…
2Cases cited18 opinions
- Jacobson v. MassachusettsSupreme Court of the United States · 1905
- Lochner v. New YorkSupreme Court of the United States · 1905
- United States v. GrimaudSupreme Court of the United States · 1911
- Buttfield v. StranahanSupreme Court of the United States · 1904
- Union Bridge Co. v. United StatesSupreme Court of the United States · 1907
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3Cited by2 opinions
- Continental Corp. v. National Union Radio Corp.Court of Appeals for the Seventh Circuit · 1933
- Roberts v. Southern Surety Co.Court of Appeals for the Fourth Circuit · 1929