Catani v. Swift & Co.
Citations
- 251 Pa. 52
- 95 A. 931
- 1915 Pa. LEXIS 634
Syllabus
<p>Negligence■ — Sales—Diseased meat — Packers liability to consumer — Act of Congress of June SO, 1906, c. 8915, SJj U. S. Stat 768 — Case for jury.</p> <p>1. Where meat is sold by a packer to a retail dealer there is an implied warranty that it is free from disease, wholesome and fit to eat, and where the dealer sells the meat in the original packages such warranty extends to the consumer, who may recover directly from the packer for injury resulting from the diseased condition of the food.</p> <p>2. It is no defense to such suit that the meat was inspected and approved by the United States government officials under the provision of the Act of Congress of June 30, 1906, c. 3915, 34 U. S. Stat. 768. The packer’s duty to inspect, imposed by the common law, is absolute.</p> <p>3. In an action for the death of plaintiff’s husband resulting from trichinosis, which he contracted from eating diseased pork sold by defendant packer to a dealer and by the dealer sold to plaintiff in the original package, the case was for the jury and the entry of judgment for defendant n. o. v. was error.</p> <p>Mr. Chief Justice Brown dissents.</p>
Judges: Bkown, Brown, Frazer, Mestrezat, Potter, Stewart
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29 cases in this archive cite this case; the 20 most cited are listed.
- Tincher, T. v. Omega Flex, Inc., Aplt.Supreme Court of Pennsylvania· 2014-11-19· cited 247×
- Dyson v. General Motors CorporationE.D. Pennsylvania· 1969-04-17· cited 96×
- Miller v. PreitzSupreme Court of Pennsylvania· 1966-06-24· cited 72×
- Davis v. Van Camp Packing Co.Supreme Court of Iowa· 1920-02-16· cited 71×
- Klein v. Duchess Sandwich Co., Ltd.California Supreme Court· 1939-09-06· cited 69×
- Matthews v. Lawnlite CompanySupreme Court of Florida· 1956-05-25· cited 62×
- Hochgertel v. Canada Dry Corp.Supreme Court of Pennsylvania· 1963-01-21· cited 58×
- Norfolk Coca-Cola Bottling Works, Inc. v. KrausseSupreme Court of Virginia· 1934-03-22· cited 34×
- Welter v. Bowman Dairy Co.Appellate Court of Illinois· 1943-03-10· cited 34×
- The Coca-Cola Bottling Company of Puerto Rico, Inc. v. Hiram Negron TorresFirst Circuit· 1958-07-07· cited 32×
- Chanin v. Chevrolet Motor Co.Seventh Circuit· 1937-05-13· cited 22×
- Rainwater v. Hattiesburg Coca-Cola Bottling Co.Mississippi Supreme Court· 1922-09-15· cited 19×
- Arena v. John P. Squire Co.Massachusetts Supreme Judicial Court· 1947-06-06· cited 16×
- Lombardi v. California Packing Sales CompanySupreme Court of Rhode Island· 1955-04-01· cited 14×
- Tavani v. Swift & Co.Supreme Court of Pennsylvania· 1918-07-17· cited 12×
- Shaffer v. MowerySupreme Court of Pennsylvania· 1919-06-21· cited 12×
- Parish v. Great Atlantic & Pacific Tea Co.City of New York Municipal Court· 1958-06-24· cited 7×
- Seaton Ranch Co. v. Montana Vegetable Oil & Feed Co.Montana Supreme Court· 1950-04-04· cited 5×
- Atlas Aluminum Corp. v. Borden Chemical Corp.E.D. Pennsylvania· 1964-07-30· cited 5×
- Jacob E. Decker & Sons, Inc. v. CappsCourt of Appeals of Texas· 1940-10-17· cited 5×
Cites
2 cases in this archive are cited by this case.
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