Kroger Grocery Co. v. Lewelling

Appellant is a retail dealer in groceries, including canned vegetables. Appellees purchased of appellant a can of tomatoes, the contents of which, 'upon being eaten by appellees, made them ill because of certain poisonous substances, which were later and upon a more particular examination found to have been embedded in the contents of said can. Appéllant had purchased the can in question along with a large number of like cans from a reputable packer of tomatoes. In fact,' appellant had dealt with the said packer for eighteen years, and had purchased from this particular packer more than 7,000…