Legal Opinion

Philadelphia Pickling Co. v. United States

Court of Appeals for the Third Circuit

Decided January 31, 1913No. 1,704PublishedCited by 3 opinions

In Error to the District Court of the United States for the District of New Jersey; John Rellstab, Judge. The Philadelphia Pickling Company was convicted of a violation of the Food and Drugs Act, and brings error.

1Opinion of the Court

J. B. McPHERSON, Circuit Judge.'

[1] The Philadelphia Pickling Company was convicted under section 2 of the Food and Drugs Act of *1511906, the indictment charging a shipment of adulterated tomato paste from the company’s place of business in New Jersey to its place of business in Pennsylvania. Other facts will appear in a few moments; but it seems advisable to consider in advance the general question: Does the act apply where the owner has shipped to himself for some other business purpose than sale? The trial judge directed the verdict, but no complaint is made of this, if his construction…

2Cases cited4 opinions

  1. Hipolite Egg Co. v. United StatesSupreme Court of the United States · 1911
  2. United States v. Sixty-Five Casks Liquid ExtractsDistrict Court, N.D. West Virginia · 1909
  3. United States v. Forty-Six Packages & Bags of SugarDistrict Court, S.D. Ohio · 1910
  4. United States v. 300 Cans of Frozen EggsCourt of Appeals for the Second Circuit · 1911

3Cited by3 opinions

  1. Arner Co. v. United StatesCourt of Appeals for the First Circuit · 1944
  2. States v. Thirteen Crates of Frozen EggsDistrict Court, S.D. New York · 1913
  3. United States v. 426 Bags of Economy Special Hog FeedDistrict Court, W.D. Michigan · 1921

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