Nelson v. Armour Packing Co.
Supreme Court of Arkansas
Appeal from Miller Circuit Court. JoEu D. Conway, Judge. Eucien M. and E. B. Nelson filed separate suits against the Armour Packing Company. The facts appear in the opinion.
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Appeal from Miller Circuit Court. JoEu D. Conway, Judge. Eucien M. and E. B. Nelson filed separate suits against the Armour Packing Company. The facts appear in the opinion. Manufacturers of food stuffs are held to great caution to see that the articles of food contain nothing deleterious to life or health. 74 Ark. 144; 139 Mass. 411; 12 Johns. 468; 18 Mich. 50; 6 N. Y. 396; 41 S. E. 190; 47 Atl. 965; 48 S. W. 971. In the sale of drugs, medicines and chemicals, the rule caveat emptor does not apply if the purchaser is not an expert, and buys in reliance upon the knowledge and skill of the…
1Opinion of the CourtBaTTeE, J.
In these two cases complaints were filed, containing the same allegations. The allegations in the first are as follows:
“Comes the plaintiff, E. M. Nelson, and complains of the defendant, Armour Packing Company, and for his cause of action says:
“That the defendant, Armour Packing Company, is a corporation organized and existing under the laws of the State of New Jersey; that said defendant, Armour Packing Company, maintains a branch of its business in Kansas City, Kansas, and the plaintiff’s cause of action occurred in Miller County, Arkansas.
“That said branch house or business of the Armour…
2Cases cited4 opinions
- Howard v. EmersonMassachusetts Supreme Judicial Court · 1872
- Bordwell v. . CollieNew York Court of Appeals · 1871
- Boyd Ex. v. WhitfieldSupreme Court of Arkansas · 1858
- Giroux v. StedmaxMassachusetts Supreme Judicial Court · 1888
3Cited by32 opinions
- Jacob E. Decker & Sons, Inc. v. CappsTexas Supreme Court · 1942
- Mazetti v. Armour & Co.Washington Supreme Court · 1913
- Friend v. Childs Dining Hall Co.Massachusetts Supreme Judicial Court · 1918
- Davis v. Van Camp Packing Co.Supreme Court of Iowa · 1920
- Borucki v. MacKenzie Brothers Co., Inc.Supreme Court of Connecticut · 1938
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