Burkhardt v. Armour & Co.

The complaint alleged in substance that the plaintiff’s decedent purchased from the defendant The Great Altantic and Pacific Tea Company, hereinafter referred to as the Tea Company, at its Rockville store, a can of corned beef prepared and packed by the defendant Armour & Company, which by reason of negligence of the latter contained, embedded and concealed in the beef, a dangerous piece of tin; also that the defendants in selling the same represented and warranted it safe and fit for consumption; that the decedent, although exercising due care, swallowed the piece of tin with results,…