Ward v. Morehead City Sea Food Co.

Olaek, O. J.

This is an action for the death of the plaintiff’s intestate, caused, as admitted by the defendant and found by the jury, by eating salt mullets bought by plaintiff’s intestate from W. S. White, a retail grocery dealer in Edenton,'who had bought them from the defendant, the original packer of the mullets. The defendant in its answer admits tbat it shipped the mullets to said retail dealer on 18 September, 1914, and that said White offered them for' sale in its regular business.

The plaintiff alleged its cause of action under three different heads:

1. That there is a warranty which…