Haut v. Kleene

Mr. Presiding Justice O’Connor

delivered the opinion of "the court.

Plaintiff brought an action against defendants under the Injuries Act to recover for the wrongful death of his wife charging that defendants were negligent in keeping and selling rabbits. Defendants denied liability and during the trial, by leave of court, plaintiff amended his complaint by charging that the rabbits purchased were intended for consumption by the general public and defendants knew they would be prepared for use as food and thereby impliedly warranted that the rabbits were “free from injurious defects in the…