National Cotton Oil Co. v. Young
Supreme Court of Arkansas
Appeal from Miller Circuit Court. statement by the court. J. E. Young sued the Oil Company for the value of two cows, alleging that they had died from eating feedstuffs purchased by him of the Oil Company. The evidence showed that he had bought a load of cotton seed hulls and a sack of cotton seed meal from the Oil Company, and fyad loaded the hulls into his wagon himself with a large fork, direct from the factory.
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Appeal from Miller Circuit Court. statement by the court. J. E. Young sued the Oil Company for the value of two cows, alleging that they had died from eating feedstuffs purchased by him of the Oil Company. The evidence showed that he had bought a load of cotton seed hulls and a sack of cotton seed meal from the Oil Company, and fyad loaded the hulls into his wagon himself with a large fork, direct from the factory. He mixed the meal with the hulls, and fed the mixture to his cows, and they died shortly afterward. An examination of one of them disclosed nails, pieces of wire and other foreign…
1Opinion of the Court
Him,, C. J.,
(after stating the facts.) The case was submitted to the jury upon two propositions, one for negligence in. allowing the foreign substances to get mixed with the feedstuff, and the other an implied warranty of the soundness and fitness for the purpose intended.
The judgment might well be sustained upon the evidence, had it been for the plaintiff upon the issue of negligence alone. French v. Vining, 102 Mass. 132, s. c. 3 Am. Rep. 440, is a direct authority to sustain such an action. But the special finding that there was no negligence, and that the foreign matter got into the…
2Cases cited4 opinions
- French v. ViningMassachusetts Supreme Judicial Court · 1869
- Henry v. Grand Avenue Railway Co.Supreme Court of Missouri · 1893
- Lukens v. FreiundSupreme Court of Kansas · 1882
- Main v. DearingSupreme Court of Arkansas · 1905
3Cited by9 opinions
- Poovey v. International Sugar Feed No. Two Co.Supreme Court of North Carolina · 1926
- Larson v. Farmers Warehouse Co.Washington Supreme Court · 1931
- Great Atlantic & Pacific Tea Co. v. GwilliamsSupreme Court of Arkansas · 1934
- Heinemann v. BarfieldSupreme Court of Arkansas · 1918
- Kroger Grocery Baking Company v. WoodsSupreme Court of Arkansas · 1943
4 more not listed; retrieve them via the Exa API.