Foley v. Liggett & Myers Tobacco Co.

The action is to recover damages for personal injuries resulting to the plaintiff from the partial consumption of a certain tobacco known and advertised under the name of “ Velvet ” which was found, on smoking, to contain mutilated fragments of a dead mouse. The tobacco was manufactured and sold by the defendant Liggett & Myers Tobacco Co., Inc. (hereinafter referred to as the manufacturer). The defendant United Cigar Stores Company of America (hereinafter referred to as the retailer) was engaged in the business of selling smoking tobacco, and, in the course of its business, sold this package…