Provost v. Cook
Massachusetts Supreme Judicial Court
Tort, alleging that the defendants sold to the plaintiff a quantity of oats to be fed to her horses, as oats fit for such use, and that the oats were not wholesome or fit for use, but were unwholesome and poisonous, and were covered and saturated with paris green, a poisonous substance, all of which the defendants well knew and had good reason to know; and that the plaintiff, believing said oats to be wholesome and fit for use, fed the same to her horses, and her horses…
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Tort, alleging that the defendants sold to the plaintiff a quantity of oats to be fed to her horses, as oats fit for such use, and that the oats were not wholesome or fit for use, but were unwholesome and poisonous, and were covered and saturated with paris green, a poisonous substance, all of which the defendants well knew and had good reason to know; and that the plaintiff, believing said oats to be wholesome and fit for use, fed the same to her horses, and her horses thereby were poisoned and died, whereby, and by reason of the false and negligent conduct of the defendants in making the…
1Opinion of the CourtHammond, J.
While the evidence was conflicting and a verdict for the defendants might reasonably have been expected, still we think that it would have warranted a finding that paris green was kept at times by the defendants upon the shelf upon the east wall of the room in which the oats were kept, and *316sometimes packages of it more or less broken were allowed to be in other parts of the room; that it was so kept and scattered about the room at the time of the fire, and that by reason of the fire, the water used in extinguishing it and the attendant confusion, the oats in the room, of which those sold to…
2Cases cited1 opinion
- French v. ViningMassachusetts Supreme Judicial Court · 1869
3Cited by6 opinions
- Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
- Farrell v. Manhattan Market Co.Massachusetts Supreme Judicial Court · 1908
- Wright v. HoweUtah Supreme Court · 1915
- Kroger Grocery Baking Company v. WoodsSupreme Court of Arkansas · 1943
- United States v. William H. KellyCourt of Appeals for the Eighth Circuit · 1956
1 more not listed; retrieve them via the Exa API.