Legal Opinion

Kelly v. Ouachita Dairy Dealers Cooperative Ass'n

Louisiana Court of Appeal

Decided June 30, 1937No. 5472PublishedCited by 10 opinions

1Opinion of the Court

DREW, Judge.

V. M. Kelly and Mrs. Verdie Kelly, individually and for the use and benefit of their minor son, V. M. Kelly, Jr., who was a baby at the time, instituted this suit against defendant herein for damages from illness alleged to have been caused from drinking buttermilk which had been sold and delivered by defendant and which contained maggots.

The defense is based solely on the ground that it was impossible for any foreign matter to get into the bottles of milk which were bottled by defendant at its plant.

The lower court rendered judgment for plaintiffs in the sum of $150 for the minor…

2Cases cited3 opinions

  1. Kellogg Bridge Co. v. HamiltonSupreme Court of the United States · 1884
  2. Doyle v. Fuerst & Kraemer, Ltd.Supreme Court of Louisiana · 1911
  3. MacLehan v. Loft Candy Stores, Inc.Louisiana Court of Appeal · 1937

3Cited by10 opinions

  1. Larkin v. State Farm Mutual Automobile InsuranceSupreme Court of Louisiana · 1957
  2. Victoria St. Pierre Lartigue v. R. J. Reynolds Tobacco Company and Liggett and Myers Tobacco CompanyCourt of Appeals for the Fifth Circuit · 1963
  3. Castro Betancourt v. Payco, Inc.Supreme Court of Puerto Rico · 1953
  4. McCauley v. Manda Brothers Provisions Co.Louisiana Court of Appeal · 1967
  5. Arnaud's Restaurant, Inc. v. CotterCourt of Appeals for the Fifth Circuit · 1954

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