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Keegan v. Green Giant Co.

Maine Supreme Judicial Court

110 A.2d 599 (1954)

Facts

Carolyn Keegan (plaintiff) ate from a can of peas that had a Green Giant Company (defendant) label. A piece of metal became lodged in her throat, causing damage. Keegan sued Green Giant, alleging that the company was negligent in its preparation and distribution of the can of peas. At trial, Keegan sought to introduce the can from which she had eaten. With this attempt, Keegan sought to show that Green Giant was the distributor of the can and, by reasonable inference, had packed the can. The trial court excluded the evidence on the ground that the writing on the can’s label had not been authenticated. The trial court granted Green Giant’s motion for a directed verdict. Keegan appealed.

Rule of Law

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Issue

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Holding and Reasoning (Tapley, J.)

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Dissent (Williamson, J.)

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