SWIFT & CO. v. BLACKWELL

No. 3990.

84 F.2d 130 (1936)

SWIFT & CO. v. BLACKWELL.

Circuit Court of Appeals, Fourth Circuit.

June 8, 1936.


Attorney(s) appearing for the Case

Malcolm K. Harris, of Danville, Va. (Harris, Harvey & Brown, of Danville, Va., on the brief), for appellant.

John W. Carter, Jr., of Danville, Va. (Taylor & Broaddus, of Martinsville, Va., and Carter & Williams, of Danville, Va., on the brief), for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.


SOPER, Circuit Judge.

The plaintiff in the District Court obtained a judgment for $1,500 in a suit for damages suffered when he accidentally swallowed fragments of broken glass said to have been contained in a sealed can of condensed or evaporated milk bearing the label of the defendant company. A motion for a directed verdict was made by the defendant on the grounds that the evidence conclusively showed (1) that the goods were manufactured and packed under the best...

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