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Constitutional Law - Commerce Clause - Regulation Of Renovated Butter Manufacture, Michigan Law Review May 1942

Constitutional Law - Commerce Clause - Regulation Of Renovated Butter Manufacture, Michigan Law Review

Michigan Law Review

Plaintiff, who was engaged in the manufacture of renovated butter from packing stock butter, brought an action to enjoin Alabama officials from enforcing state laws relating to the inspection and seizure of the raw material. Plaintiff contended that since the production of renovated butter was taxed and regulated by the United States, state action was excluded. The federal act conferred upon the Secretary of Agriculture, among other things the duty of ascertaining "whether or not materials used in the manufacture of said process or renovated butter are deleterious to health or unwholesome in the finished product, and in case such …


Torts-Liability Of Food Manufacturer To Ultimate Consumer, Michigan Law Review Apr 1942

Torts-Liability Of Food Manufacturer To Ultimate Consumer, Michigan Law Review

Michigan Law Review

Plaintiff was injured by biting into a fishhook imbedded in a plug of chewing tobacco bought from an independent dealer and manufactured by defendant. There was evidence that another person had discovered a foreign particle in another plug made by defendant, but he did not know the exact identity of the substance. Held, that while the plaintiff's injury alone cannot raise an inference of negligence, the additional evidence of the second incident was sufficient to present the question to the jury, which found for the plaintiff. Caudle v. F. M. Bohannon Tobacco Co., 220 N. C. 105, 16 …