Payton v. Lee

Of the assignments of error in the motion for a new trial, the only ones insisted upon by counsel for the plaintiff in his brief filed in this court are those contained in the two special grounds and the errors assigned in these grounds are essentially the same—namely, that the trial court erred in its refusal to submit to the jury the question of the existence of negligence per se arising from a violation of Code § 42-109 (7), which provides: “If it [an article deemed to be adulterated within the meaning of the food and drug laws] consists in whole or in part of a filthy, decomposed, or…