Contributory Negligence

December 1, 2011

  • 178 Food
  • 178k25 Liability for Injuries
  • 178k25.25 Weight and Sufficiency
  • 178k25.25(6) k. Fault of Plaintiff or Third Parties.

178 FoodIn action to recover from lard manufacturer for alleged negligence in manufacture and sale of lard, on ground that it was rotten and that biscuits made from it nauseated plaintiff and necessitated services of physician, where evidence showed that lard had odor like carrion and that biscuits which plaintiff ate had rank odor, evidence showed contributory negligence as a matter of law of plaintiff in eating the biscuits.
Walker v. Hickory Packing Co., 16 S.E.2d 668 (N.C. 1941)
Suggested by The Biscuit Club; Roanoke, VA