SALES-BREACH OF IMPLIED WARRANTY-LIABILITY FOR DEATH

Authors

Abstract

The daughter of plaintiff's decedent purchased; from defendant retailer, a can of corned beef packed by a foreign concern for defendant packer. The latter's name and trademark appeared upon the can. Decedent, while eating some of the meat, swallowed a small piece of tin which apparently became detached from the can itself and became imbedded in the contents. Death followed the injury to decedent's esophagus, and an action was brought by the administrator against the retailer for breach of implied warranty, and against the packer for negligence. The trial court permitted a recovery against the retailer for damages accruing up to, but not including, the death, and against the packer for all damages including those arising out of the death, and decided that payment of either judgment would be full satisfaction. Upon appeal it was held that the judgment of the lower court should be affirmed except as to the matter of satisfaction; and, in this regard, it was decided that payment of the smaller judgment would be satisfaction pro tanto only of the larger. Burkhardt v. Armour, (Conn. 1932) 161 Atl. 385.

Recommended Citation

SALES-BREACH OF IMPLIED WARRANTY-LIABILITY FOR DEATH, 31 Mich. L. Rev. 865 (1933).
Available at: https://repository.law.umich.edu/mlr/vol31/iss6/26