Slavin v. Francis H. Leggett & Co.

The opinion of the court was delivered by

Donges, J.

This is an appeal from a judgment of the Passaic District Court in favor of the plaintiff. The District Court judge filed an opinion which is printed at 12 N. J. Mis. R. 549. There had been a previous trial at which a jury found a verdict for the plaintiff. This verdict was set aside on rule to show cause and at the retrial the case was submitted to Judge Peretti on an agreed state of facts.

The stipulated facts appear to be that on May 5th, 1933, plaintiff purchased a can of peas at his son’s store. This can bore a label of “Francis FL…