Hunter v. Derby Foods, Inc.

PATTERSON, Circuit Judge.

Dean, the plaintiff’s intestate, died after an illness of only eight or nine hours. The plaintiff alleged that death was caused by eating canned meat prepared or distributed by the defendant. The case was submitted to a jury and a verdict returned for the plaintiff. On appeal the defendant urges that no liability was proved, and that the trial judge erred in rulings on evidence.

Dean bought a can of corned beef at a grocery, ate part of it for supper the same day, was taken ill around midnight, and died at about nine the next morning. These events took place in…