O'Hare v. Petersen

The above-entitled action was tried before the court without a jury, the plaintiff’s cause of action against the defendant Petersen being upon the theory of a breach of warranty in the sale of shrimp in a glass jar and against the defendant Leggett upon the theory of negligence. At the end of the whole case *482the court held that the plaintiff had failed to make out a case of negligence against the defendant Leggett as the proof showed that said defendant was the distributor of the product and not the manufacturer and likewise failed to make out a case of breach of warranty against the defendant…