Salmon v. Libby, McNeil & Libby

The testator of plaintiff in error was poisoned, as it is claimed, from eating a part of a mince pie made by one Sarah Hoffman from a can or package of mince meat manufactured and put up by defendant in error, and died, as a result of such poisoning, in the State of Kansas on Movember 12, 1899. This suit was brought in August, 1901, against defendant in error, under the statute of Kansas, which is similar to the statute of this state, to recover damages for the benefit of the widow or next of kin. After demurrer to the original declaration, consisting of three counts, was sustained, an…