Food and Drug Law Commons^™

Sales-Canned Foods-Implied Warranty

Indiana Law Journal

No abstract provided.

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 …

Sales--Implied Warranty Of Canned Food, F. L. W.

West Virginia Law Review

No abstract provided.

Constitutional Law--Federal Taxation Of State Liquor Monopoly, Robert W. Burk

West Virginia Law Review

No abstract provided.

Milk Regulation: A Problem In Economics, Legislation, And Administration, Julius Cohen

West Virginia Law Review

No abstract provided.

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

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 …

The Constitutionality Of An Immediate Liquor Control Program For West Virginia, Forrest Revere Black

West Virginia Law Review

No abstract provided.

Intoxicating Liquor-Transportation-Sufficency Of Evidence

Indiana Law Journal

No abstract provided.

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

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 …

Public Utilities--Is An Ice Business "Affected With A Public Interest", E. Gaujot Bias

West Virginia Law Review

No abstract provided.

Intoxicating Liquors-Constitutional Law-Criminal Law-Double Jeopardy

Indiana Law Journal

No abstract provided.

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. …

Reglamento Para La Cobranza De Los Impuestos Sobre Alcoholes, Licores, Vinos, Cervezas, Refrescos, Fosforos, Cigarros, Azúcar Y Naipes, República De Cuba. Senado

Mario Diaz Cruz Pamphlets

Publicado en Gaceta Oficial de 30 de Abril de 1932

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"

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.

What Will Become Of Prohibition, Clarence Emmett Manion

Journal Articles

Because of the substantial minority support for Prohibition and the Eighteenth Amendment, this article suggests that it would difficult, if not impossible, to repeal the amendment despite the fact that 3 in 5 Americans would support its repeal. The article looks at potential options of lessening the impact of the Eighteenth Amendment, including removing penalties for it, repealing State enforcement acts, and forbidding nullification of search warrant requirements. Finally, it looks at the quality of liquor as a solution to an "unusually interesting" and "ultimately worthwhile" problem.

Druggists-Sale Of Poisons-Proximate Cause

Indiana Law Journal

No abstract provided.

Intoxicating Liquors-Search And Seizure-Probable Cause

Indiana Law Journal

No abstract provided.

Intoxicating Liquors-Transporting-Sufficiency Of Evidence

Indiana Law Journal

No abstract provided.

Book Review. Mcbain, H. L., Prohibition, Legal And Illegal, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Meaning Of "Hootch, Moonshine, Corn Whiskey" In The Missouri Prohibition Law, The, Ben Ely Jr.

University of Missouri Bulletin Law Series

It will be noticed that the language of this section follows that of section 20, save and except that section 21 omits the words "or other intoxicating liquors." a The fact that the legislature used the terms "hootch, moonshine, corn whiskey" without connecting them or any of them by means of a conjunction of any kind, coupled with the fact that at least two of these words, 'hootch' and 'moonshine', have as yet no scientific definition, makes the construction of the section difficult. Difficult as it is, however, it is a problem of the greatest practical importance. Although as yet …

Junta Nacional De Defensa Del Azúcar, José Manuel Cortina

Mario Diaz Cruz Pamphlets

Proyecto de Ley presentado por el senador de Camaguey

Dictamen Definitivo

States' Rights And National Prohibition, Paul L. Sayre

Indiana Law Journal

No abstract provided.

What Price Prohibition, Clarence Emmett Manion

Journal Articles

Prohibition assumes that our plan of government has not worked out and that it ought to be destroyed; the average citizen who has loved that form of government and fought for it in and out of the ranks is not prepared to accept the Prohibition theory. Sooner or later he will realize that as long as Prohibition is in vogue the goddess of American liberty is in chains. Formally or informally, in justification of our history Prohibition with all of its contemptible un-American ramifications must go down; and it will go down.

Intoxicating Liquors--Confiscation And Sale Of Automobile Engaged In The Unlawful Transportation Of Intoxicants In Its Effect On The Innocent Owen Of The Vehicle--Nature Of The Proceeding, G. D. H.

West Virginia Law Review

No abstract provided.

American Prohibition Digest 1926, Edited By Arthur W. Blakemore, Paul L. Sayre

Indiana Law Journal

No abstract provided.

Intoxicating Liquors--Indictment For Unlawful Transportation--Failing To Negative The Exception In The Statute, J. G. J. Jr.

West Virginia Law Review

No abstract provided.

Intoxicating Liquors--Searches And Seizures--Construction, C. M. L. Jr.

West Virginia Law Review

No abstract provided.