Davis v. Van Camp Packing Co.
Supreme Court of Iowa
Appeal from Webster District Court. — R. M. Wrigiit, Judge. Action at law' to recover damages by reason of sickness on the part of Alfred Davis, alleged to have been caused by the eating of Van Camp’s pork and beans. At the close of all the evidence, there was a directed verdict for defendant. Plaintiff appeals.
1Opinion of the CourtPreston, J.
1. Sadks : implied warranty in sale of , human food. The original petition alleges substantially that, on July 24, 1916, a can of Van Camp’s pork and beans was eaten by certain members of the Davis family, of w'hich Alfred Davis, plaintiff, was a member; that, as a result of eating said beans,, plaintiff sustained damages by reason of ptomaine poisoning; “'that' the said defendant was guilty of negligence, false representations, and breach of implied and expressed warranty, in placing *777in the said can and container said pork and beans, containing poisonous, deleterious, noxious, and…
2Cases cited40 opinions
- Thomas v. . WinchesterNew York Court of Appeals · 1852
- Doyle v. Fuerst & Kraemer, Ltd.Supreme Court of Louisiana · 1911
- Friend v. Childs Dining Hall Co.Massachusetts Supreme Judicial Court · 1918
- Dail v. TaylorSupreme Court of North Carolina · 1909
- Tomlinson v. Armour & Co.Supreme Court of New Jersey · 1908
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3Cited by71 opinions
- Henningsen v. Bloomfield Motors, Inc.Supreme Court of New Jersey · 1960
- Kirkland v. General Motors CorporationSupreme Court of Oklahoma · 1974
- Jacob E. Decker & Sons, Inc. v. CappsTexas Supreme Court · 1942
- Hawkeye-Security Insurance Co. v. Ford Motor Co.Supreme Court of Iowa · 1970
- State Farm Mutual Automobile Insurance v. Anderson-Weber, Inc.Supreme Court of Iowa · 1961
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