HUNTER v. DERBY FOODS

No. 245.

110 F.2d 970 (1940)

HUNTER v. DERBY FOODS, Inc.

Circuit Court of Appeals, Second Circuit.

April 8, 1940.


Attorney(s) appearing for the Case

Lewis A. Ackley, Arthur K. Wing, and James G. Purdy, all of New York City, for appellant.

Alexander A. Mayper, David Lazarus, and Louis Otten, all of New York City, for appellee.

Before SWAN, CLARK, and PATTERSON, Circuit Judges.


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...

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