Disbrow v. Peoples Ice, Storage & Fuel Co.

ELLISON, P. J. —

Defendant is proprietor of a cold storage plant and stores products for preservation. Plaintiff was the owner of a large lot of butter,, wbicb be delivered to defendant for storage. He alleges that on receiving tbe butter back from defendant it bad a foreign or “fruity” taste and odor, and was greatly injured, to bis damage in tbe sum of $3371.29. He further alleged that this was caused by defendant’s negligence in allowing it to come into close contact with foreign substances, such as fruits. Defendant’s answer was a general denial and a counterclaim of $510. 04, and…