Murphy v. Campbell Soup Co.

MORTON, Circuit Judge.

This is an action at law to recover damages for injuries which the plaintiff claims to have sustained from eating canned soup put out by the defendant. There aro two counts in the declaration, the first for negligence, and the second for breach of warranty. The presiding’ judge at the conclusion of the evidence directed a verdict for the defendant. The question before us is whether his direction was right.

We think the ruling was correct for the reasons that no evidence was introduced which would warrant a finding that the can of soup in question was put out by the…