Criswell Baking Co. v. Milligan

My opinion is that the excerpt from the charge, complained of in ground three of the amended motions for new trials, is erroneous. The charge complained of is as follows: "Where either plaintiff might establish the unwholesome quality of the food and establish injury to the plaintiff from its consumption, and establish that the food as consumed by them was in the same condition as when it left the custody, possession and control of the defendant, these facts in themselves would sufficiently set forth defendant's negligence and make out a prima facie case, and then, gentlemen, the burden would…