Tompkins v. Quaker Oats Co.
Massachusetts Supreme Judicial Court
Contract or tort, with a declaration in one count, described in the opinion. Writ dated November 13, 1918. In the Superior Court, the action was tried before Irwin, J. Material evidence and rulings and instructions by the judge are described in the opinion. At the close of the evidence, the defendant asked that a verdict be ordered in its favor. The motion was denied. The jury found for the plaintiff in the sum of $12,900; and the defendant alleged exceptions.
1Opinion of the CourtDe Courcy, J.
This is an action to recover damages for the death of a large number of hens, alleged to have been killed by salt in Schumacher feed, manufactured by the defendant. The plaintiff bought the particular bags of feed alleged to have caused the loss from the Whitney Coal and Gram Company of Concord, which was a purchaser from and not a selling agent of the defendant. The declaration alleged that the death of the poultry “ was caused by the negligence and improper mixing and compounding of the said Schumacher Feed ’ by the said defendant,” in consequence whereof the feed which he purchased “…
2Cases cited9 opinions
- MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
- Thomas v. . WinchesterNew York Court of Appeals · 1852
- Arthur v. . GriswoldNew York Court of Appeals · 1874
- Wellington v. Downer Kerosene Oil Co.Massachusetts Supreme Judicial Court · 1870
- Thornhill v. Carpenter-Morton Co.Massachusetts Supreme Judicial Court · 1915
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3Cited by29 opinions
- Carter v. Yardley & Co.Massachusetts Supreme Judicial Court · 1946
- Chysky v. . Drake Brothers Co.New York Court of Appeals · 1923
- Farley v. Edward E. Tower Co.Massachusetts Supreme Judicial Court · 1930
- Tonsman v. GreenglassMassachusetts Supreme Judicial Court · 1924
- E. I. Du Pont De Nemours & Co. v. BaridonCourt of Appeals for the Eighth Circuit · 1934
24 more not listed; retrieve them via the Exa API.