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Articles 31 - 48 of 48
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Torts-Liability Of Food Manufacturer To Ultimate Consumer, Michigan Law Review
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 …
Statutes - Unincorporated Association As A "Person" Under The Liquor And Sales Acts, Felicia I. Hmiel
Statutes - Unincorporated Association As A "Person" Under The Liquor And Sales Acts, Felicia I. Hmiel
Michigan Law Review
In 1939 the International Workers Order, an unincorporated association, had a picnic and dispensed beer through its secretary to its members without charge. The association had not obtained a license to sell beer. The secretary, defendant herein, was arrested and tried for violation of the Liquor Control Act, which made it a misdemeanor for a person to sell liquor without a license. Held, that an unincorporated association is not a person within the meaning of the statute, and therefore there was no sale. People v. Budzan, 295 Mich. 547, 295 N. W. 259 (1940).
Indictment And Information - Requirement Of Specificity In Charging A Statutory Offense, Ward P. Allen
Indictment And Information - Requirement Of Specificity In Charging A Statutory Offense, Ward P. Allen
Michigan Law Review
On an information charging the possession of "a certain habit forming drug, to wit: Marijuana . . . in violation of section 158, Chapter 91, Illinois Revised Statutes (1935)," defendant was convicted in the municipal court of Chicago. The Illinois adoption of the Uniform Narcotic Drug Act made the possession of "any narcotic drug" unlawful; defined "narcotic drugs" to include "cannabis"; and stated that "Cannabis includes the following substances, under whatever names they may be designated: (a) The dried flowering or fruiting tops of the pistillate plant Cannabis Sativa L.," from which the resin has not been extracted; (b) the …
Municipal Corporations - Licenses - Prohibitory Fee On "Selfservice" Groceries, S. R. Stroud
Municipal Corporations - Licenses - Prohibitory Fee On "Selfservice" Groceries, S. R. Stroud
Michigan Law Review
A city ordinance imposed an annual license fee of $10,000 on "self-service" groceries. The city had power by statute to license stores for the sale of meat, groceries, etc., for revenue purposes. Plaintiff brought an action to enj9in the ordinance. Held, the ordinance was invalid and injunction should be granted. Great Atlantic & Pacific Tea Co. v. Board of Commissioners of Camden, (N. J. Eq. 1939) 4 A. (2d) 16.
Sales - Implied Warranties Running To Ultimate Consumer - Is Privity Of Contract Necessary?, William K. Jackson
Sales - Implied Warranties Running To Ultimate Consumer - Is Privity Of Contract Necessary?, William K. Jackson
Michigan Law Review
Plaintiff's husband purchased from defendant, a large retailer, minced ham and liverwurst manufactured by another concern. Plaintiff with other members of the family became ill after eating the liverwurst. An appeal was taken from a directed verdict for defendant. Held, when food is sold, there is no implied warranty of wholesomeness running from the retailer to the ultimate consumer; for the remedy is based on contract and limited to parties and privies thereto. Borucki v. MacKenzie Bros. Co., Inc., (Conn. 1938) 3 A. (2d) 224.
Municipal Corporations - Police Power - Validity Of Ordinance Fixing Closing Hours, Fred C. Newman
Municipal Corporations - Police Power - Validity Of Ordinance Fixing Closing Hours, Fred C. Newman
Michigan Law Review
P, a general grocery store, brought an action to have a certain ordinance declared unconstitutional and to enjoin the enforcement of the ordinance. The ordinance provided that stores which sold or distributed "any uncured or uncooked meats or other foods of any kind intended for human consumption" should be open for business only between the hours of duty established for the municipal meat and food inspection department. Bona fide hotels, boarding houses, lodging houses, restaurants, drug stores, confectionery stores, dispensers of beverages, distributors of milk and cream, ice cream and soda fountains were expressly excepted from the operation of …
Sales - Nature Of Implied Warranty Of Fitness Of Food - Liability Of Intermediate Dealer, Michigan Law Review
Sales - Nature Of Implied Warranty Of Fitness Of Food - Liability Of Intermediate Dealer, Michigan Law Review
Michigan Law Review
Plaintiff's husband purchased canned sauerkraut juice from a retail grocer, who, in turn, had purchased it from the defendant, a wholesale grocery company. The kraut juice, which had not been packed or canned by the defendant, contained deleterious substances that made the plaintiff ill. In an action for damages, the plaintiff recovered on the basis of an implied warranty of fitness for human consumption. Defendant appealed. Held, judgment sustained. Swengel v. F. & E. Wholesale Grocery Co., 147 Kan. 555, 77 P. (2d) 930 (1938).
Municipal Corporations - Police Power - Extraterritorial Effect, Gerald M. Stevens
Municipal Corporations - Police Power - Extraterritorial Effect, Gerald M. Stevens
Michigan Law Review
A city ordinance prohibited the sale of ice cream within the city unless the seller had first obtained a certificate of registration from the city. The certificate could be obtained by registering the applicant's state ice cream factory license with the city commissioners of health, allowing an inspection of his factory, and paying an annual inspection fee. Defendant sold ice cream in the city without having done so. His factories were located two counties distant from the city; they had been duly licensed by the state. On prosecution by the city, held, the ordinance was void on the ground …
Municipal Corporations - Police Power - Validity Of Ordinance Fixing Closing Hours, Michigan Law Review
Municipal Corporations - Police Power - Validity Of Ordinance Fixing Closing Hours, Michigan Law Review
Michigan Law Review
A municipal ordinance required that all local business concerns selling or distributing food stay open for business only during the hours of duty of the municipal meat and food inspector. Hotels, restaurants, boarding houses, confectioneries, drug stores, soda fountains, and milk and cream dispensers were expressly excepted from these requirements. Plaintiff, a general grocery store, sought an injunction against the enforcement of these provisions, alleging that they were unreasonable and that the exceptions were discriminatory. Held, that under its police power to protect the public health, the municipality was authorized to pass such an ordinance as an aid to …
Police Power - Due Process And State Regulation Of Food Production And Distribution, Charles C. Spangenberg
Police Power - Due Process And State Regulation Of Food Production And Distribution, Charles C. Spangenberg
Michigan Law Review
It is well settled that the state, in the exercise of its police power, may legislate to protect the health and promote the general welfare of its citizens. It is equally well settled that the objects of this solicitude have the right, protected by the Fourteenth Amendment and similar provisions in the state constitutions, to follow such industrial pursuits and make such contracts as they choose. Unfortunately, "these correlative rights, that of the citizen to exercise exclusive dominion over property and freely to contract about his affairs, and that of the state to regulate the use of property and the …
Intoxicating Liquors - Presumption Of Intoxicating Quality
Intoxicating Liquors - Presumption Of Intoxicating Quality
Michigan Law Review
The defendant sold at his sandwich stand what was agreed to be a malt beverage commonly known as 3.2 beer. A statute made it unlawful for any person to sell "any spirituous, malt, vinous, fermented or other intoxicating liquors." In an action to enjoin the maintaining of a liquor nuisance the trial judge held that as the -defendant sold a malt liquor, the sale was a violation of the statute, and refused to admit evidence that the beer was not intoxicating as a matter of fact. On appeal, the supreme court of Kansas held, that while beer is presumed …
Sales - Implied Warranty Of Fitness - Restaurateur
Sales - Implied Warranty Of Fitness - Restaurateur
Michigan Law Review
Defendant, proprietor of a hotel and dining room, served unwholesome food to the plaintiff who became ill as a result of its impurity. The plaintiff sued for the damages resulting from his illness, on the theory that there was an implied warranty that the food was fit for human consumption. Held, the serving of food for immediate consumption on the premises was not a "sale" within the Uniform Sales Act, and therefore there was no warranty attached under the terms of the Act, and there was no implied warranty of fitness of food so served at common law. Lynch …
Intoxicating Liquors-Statutory Construction-Forfeiture Of Conveyance
Intoxicating Liquors-Statutory Construction-Forfeiture Of Conveyance
Michigan Law Review
Cars in which liquor was imported were seized by the government. The operators were prosecuted for violation of the customs laws, and the government attempted to declare forfeiture of the cars under the customs laws. Lienors whose rights are not recognized under these laws intervened and claimed that forfeiture could be declared only under the National Prohibition Act which saves the rights of lienors. Held, in General Motors Acceptance Corp. v. United States, that forfeiture may be declared either under customs laws or the National Prohibition Act.
Constitutional Law - Extent Of State Police Power In Protection Of Public Health
Constitutional Law - Extent Of State Police Power In Protection Of Public Health
Michigan Law Review
An Illinois statute prohibited the manufacture or sale of milk to which had been added any fat or oil other than milk fat. The defendant was engaged in manufacturing for sale outside of the state a product composed of skimmed milk and cocoanut oil which was not deleterious to health in any way. When it was sought to recover the penalty imposed by the statute for its violation, it was claimed that the law was unconstitutional in that it deprived the defendant of property without due process of law. The court held that the statute was an invalid exercise of …
Torts - Negligence - Res Ipsa Loquitur As Applied To Foreign Matter In Foods
Torts - Negligence - Res Ipsa Loquitur As Applied To Foreign Matter In Foods
Michigan Law Review
The defendant manufactured and sold through a retailer a loaf of bread to the plaintiff's mother. The plaintiff, while eating the bread, saw a larva, five-eighths of an inch long in a slice she was about to eat, as a result of which she became sick. Held, on appeal, there was no error by the lower court in directing a verdict for the defendant on the ground that the plaintiff gave no sufficient proof of negligence, which was the basis of her action, and that negligence could not be presumed from the circumstances stated. Swenson v. Purity Baking Co. …
Crimes-Withdrawal Of A Plea Of Guilty
Crimes-Withdrawal Of A Plea Of Guilty
Michigan Law Review
Defendant was charged with the violation of the prohibition law, to which he pleaded guilty. About two months after this plea was in, he filed a motion to withdraw it, and substituted one of not guilty. In support of this motion he set up that he had not been advised of his constitutional rights to have counsel; that the arresting officers told him the case would be heard in a federal court, and his punishment would be light; and that he was unaware of the liquor being in his car (which claim was subsequently disproved by the evidence). The motion …
Sales-Absolute Warranty Of Purity Of Food--"Liability Without Fault"
Sales-Absolute Warranty Of Purity Of Food--"Liability Without Fault"
Michigan Law Review
The plaintiff bought a bottle of Coca-Cola from a retailer; it was opened in his presence and he drank it at once. The bottle contained decomposed parts of a mouse or rat, and the plaintiff became violently ill after drinking the Coca-Cola. In an action against the manufacturer, held, that there was an absolute warranty of fitness for human consumption, and that the manufacturer was liable for the results of any impurities, regardless of whether or not he was negligent. Coca-Cola Bottling Works v. Simpson (Miss. 1930) 130 So. 479.
Note And Comment, Arthur Clarke, Floyd Olds, J. Earl Ogle Jr., James H. Brewster
Note And Comment, Arthur Clarke, Floyd Olds, J. Earl Ogle Jr., James H. Brewster
Michigan Law Review
Termination of the Liability as Common Carrier; Is a Vendee Seeking Specific Performance Entitled to Compensation for the Inchoate Dower Right of the Vendor's Wife?; An Executor's Right to an Allowance out of the Estate for Counsel Fees for Services Rendered Before Letters Testamentary Issue; The Kansas "Manhattan Cocktail Case" and Some Others Concerning Judicial Notice;