Sullivan v. H. P. Hood & Sons, Inc.

The plaintiff drank milk from a container in which was a dead mouse. In this action of contract or tort the first count against H. P. Hood & Sons, Inc., the producer, is based upon negligence. The second count against B. J. Lang’s Provision Company, Inc., which sold the container of milk, is for breach of warranty of merchantability. G-. L. c. 106, § 17 (2). The case was first heard by an auditor whose findings of fact were not to be final. He found for the plaintiff on both counts. At a trial in the Superior Court the jury returned a verdict for the plaintiff on each count. The defendants…