Stokely-Van Camp, Inc. v. Ferguson

LIVINGSTON, Chief Justice.

This action is in tort for personal injuries. The complaint contained one count to which demurrers were overruled, and charged that the-defendant was negligent in the preparation of its canned goods, i. e., pork and beans, which plaintiff purchased from an intermediate dealer, and which he ate shortly thereafter and became violently ill. There was a verdict and judgment for plaintiff for $4500. The appellant’s motion for a new trial was overruled, and it appealed.

This court has considered numerous cases touching the duty of care required of manufacturers of food…