Flessher v. Carstens Packing Co.

Citations

• 93 Wash. 48
• 160 P. 14
• 1916 Wash. LEXIS 1161

Syllabus

<p>Food — Sales—Implied Warranty — Actions — Pleading — Negligence. An action on the case as for a tort lies for breach of the implied warranty of the wholesomeness of food sold by a retailer for immediate human consumption; and in a complaint pleading the facts, it is not necessary to allege the legal conclusion of negligence.</p> <p>Same — Pleading Scienter. In an action for breach of the implied warranty of the wholesomeness of food sold for immediate human consumption by a retailer who was also the manufacturer, it is not necessary to allege or prove scienter, regardless of whether the action be called one on warranty or of negligence.</p> <p>Same — Liability rob Injuries — Question rob Jury. The liability of a retailer and manufacturer of dried beef sold for immediate human consumption, is a question for the jury, where there was evidence that plaintiff and others eating meat cut from the same piece soon after purchasing it became ill and physicians testified that plaintiff’s illness was, in their opinion, caused by the unwholesome condition of the meat, notwithstanding the testimony of chemists that other parts cut from the same piece were not infected.</p> <p>Appeal — Review—Evidence—Waiver or Error. Error cannot be predicated upon the failure of a long hypothetical question to include all matters subsequently adduced by appellant where appellant had opportunity to cross-examine and include such elements.</p> <p>Evidence — Opinion Evidence — Hearsay. The opinion evidence of physicians as to the cause of plaintiff’s sickness is not objectionable as hearsay because based in part upon the history of the case detailed to them by the patient, where it was necessary to take into consideration both the subjective and objective symptoms.</p> <p>Appeal — Review — Instructions — Requests. Error cannot be based upon the refusal of requested instructions sufficiently covered in the general charge.</p> <p>Damages — Personal Injuries — Excessive Damages. A verdict for $3,6