Walker v. Hickory Packing Co.

The impression is gained from a careful perusal of the record that the demurrer to the evidence on the first cause of action should, have been sustained, if not for failure to establish actionable negligence on the part of the defendant, then upon the ground of contributory negligence.

There is no evidence tending to show how the lard was manufactured, or what caused it to be bad, or when it became rancid. It is in evidence, however, that the lard was “rotten and had an odor like carrion” when used by the plaintiff some time after its purchase, and that the biscuits which he ate “had a rank…