Tomlinson v. Armour & Co.

The opinion of the court was delivered by

Garrison, J.

This is a demurrer to a declaration. Reduced to narrative form, the essential allegations of the declaration are that Armour & Company were engaged in the business of canning and vending ham for food and that it was their duty to put up only wholesome and edible ham, but that in disregard of this duty they negligently put in a certain can diseased ham that was deleterious to health, and sold said can to a retail dealer, of whom the plaintiff purchased it for food, and upon eating a piece of the ham was rendered sick of ptomaine poison.

The…