Salmon v. Libby, McNeill & Libby
Illinois Supreme Court
Writ of Error to the Appellate Court for the First District ;—heard in that court on writ of error to the Superior Court of Cook county; the Hon. Jonas Hutchinson, Judge, presiding.
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Writ of Error to the Appellate Court for the First District ;—heard in that court on writ of error to the Superior Court of Cook county; the Hon. Jonas Hutchinson, Judge, presiding. This was an action on the case to recover damages for the death of the plaintiff’s testator, caused, as it was alleged, from eating a piece of mince pie made from mince meat which was poisonous and destructive to human life, and which mince meat was prepared, put up in a package and sold to the trade by the defendant, and which in the due course of business passed through the hands of a wholesale dealer, a retail…
1Opinion of the CourtJustice Scott
Each count of the original declaration charged, in substance, that the defendant negligently and improperly prepared and manufactured the mince meat in question; that as a result the same became unfit for food and became poisonous and destructive to human life when used as food, and that plaintiff’s testator, lawfully partaking of the same, was poisoned and lost his life in consequence thereof.
The Kansas statute which is set out in each count permits a recovery where the death of any person has been caused by the wrongful act or omission of another.
We are disposed to think that each of the…
2Cases cited1 opinion
- Eylenfeldt v. Illinois Steel Co.Illinois Supreme Court · 1896
3Cited by16 opinions
- Mazetti v. Armour & Co.Washington Supreme Court · 1913
- Klein v. Duchess Sandwich Co., Ltd.California Supreme Court · 1939
- Tomlinson v. Armour & Co.Supreme Court of New Jersey · 1908
- Crigger v. Coca-Cola Bottling Co.Tennessee Supreme Court · 1915
- Ketterer v. Armour & Co.Court of Appeals for the Second Circuit · 1917
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