Kelley v. John R. Daily Co.
Montana Supreme Court
Appeal from District Court, Missoula County; E. Lee McCulloch, Judge. Action by Lillie M. Kelley against the John R. Daily Company. From a judgment for plaintiff and an order denying its motion for a new trial, defendant appeals.
Read the full summary
Appeal from District Court, Missoula County; E. Lee McCulloch, Judge. Action by Lillie M. Kelley against the John R. Daily Company. From a judgment for plaintiff and an order denying its motion for a new trial, defendant appeals. A careful examination of the authorities will disclose that in the so-called food cases there are three theories of liability; first, the theory of implied warranty, which in substance is that any seller- of food products for immediate consumption impliedly warrants to any possible consumer, whether he be the vendee or not, that the food is wholesome and suitable to…
1Opinion of the CourtJustice Holloway
Hugh Kelley, the husband of plaintiff, purchased from the defendant six cooked and spiced pigs’ feet for food for his family, consisting of himself, his wife and two sons. On the day following the members of the family ate of the meat, and immediately thereafter the husband, the wife and one son became ill. Plaintiff brought this action to recover damages, and prevailed in the lower court. Defendant appealed from the judgment"and from an order denying its motion for a new trial.
Counsel for appellant discuss at great length, and with much [1] learning, the several theories under which recovery…
2Cases cited27 opinions
- Transportation Line v. HopeSupreme Court of the United States · 1877
- Waters-Pierce Oil Co. v. DeselmsSupreme Court of the United States · 1909
- Catani v. Swift & Co.Supreme Court of Pennsylvania · 1915
- Monson v. La France Copper Co.Montana Supreme Court · 1909
- Fusselman v. Yellowstone Valley Land & Irrigation Co.Montana Supreme Court · 1917
22 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Grismore v. Consolidated Products Co.Supreme Court of Iowa · 1942
- Davis v. Wyeth Laboratories, Inc.Court of Appeals for the Ninth Circuit · 1968
- State v. CampbellMontana Supreme Court · 1965
- Gibson v. Western Fire InsuranceMontana Supreme Court · 1984
- Pickett v. KygerMontana Supreme Court · 1968
56 more not listed; retrieve them via the Exa API.