Drury v. Armour & Co.
Supreme Court of Arkansas
. Appeal from White Circuit Court; J. M. Jackson, Judge; 1. , The court erred in compelling plaintiff to elect, as plaintiff had the right of action on both causes or either of them. 2. Plaintiff’s testimony makes a full and complete cause of action for negligence on part of defendant company in the preparation or inspection of its food products. 76 Ark. 352; 114 Id. 145. 3. It was error to take the case from the jury, as negligence was proved. 200 Fed. 322; 247 Id. 921; 96…
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. Appeal from White Circuit Court; J. M. Jackson, Judge; 1. , The court erred in compelling plaintiff to elect, as plaintiff had the right of action on both causes or either of them. 2. Plaintiff’s testimony makes a full and complete cause of action for negligence on part of defendant company in the preparation or inspection of its food products. 76 Ark. 352; 114 Id. 145. 3. It was error to take the case from the jury, as negligence was proved. 200 Fed. 322; 247 Id. 921; 96 Mich. 245; 55 N. W. 812; 21 L. E. A. 139; 93 Kan. 334; 144 Pac. 334; L. E. A. 1915 C. 179; 120 Fed. iS65-870; 57 Am.…
1Opinion of the CourtMcCULLOCH, C. J.
Minnie Drury, the wife of appellant, died on March 23, 1918, and appellant instituted this action against appellee to recover damages accruing by reason of the death of his wife, which is alleged to have resulted from eating poisoned sausage prepared and sold by appellee. It is alleged in the complaint that appellee prepared the sausage for sale by retail dealers for immediate consumption, and that appellee “maintains a place of business in Helena, Arkansas, and other towns in said State, representing and holding out to the general public that its goods are wholesome, pure and fit for food.”…
2Cases cited11 opinions
- Parks v. C. C. Yost Pie Co.Supreme Court of Kansas · 1914
- Nelson v. Armour Packing Co.Supreme Court of Arkansas · 1905
- Southwestern Telegraph & Telephone Co. v. BruceSupreme Court of Arkansas · 1909
- Chiles v. Fort Smith Commission Co.Supreme Court of Arkansas · 1919
- Craft v. Parker, Webb & Co.Michigan Supreme Court · 1893
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Jacob E. Decker & Sons, Inc. v. CappsTexas Supreme Court · 1942
- Ciociola v. Delaware Coca-Cola Bottling CompanySupreme Court of Delaware · 1961
- Tonsman v. GreenglassMassachusetts Supreme Judicial Court · 1924
- Coca-Cola Bottling Co. of Fort Smith v. HicksSupreme Court of Arkansas · 1949
- Crystal Coca-Cola Bottling Co. v. CatheyArizona Supreme Court · 1957
18 more not listed; retrieve them via the Exa API.