Pine Grove Poultry Farm, Inc. v. Newton By-Products Mfg. Co., Inc.
New York Court of Appeals
248 N.Y. 293, 162 N.E. 84 (1928)
- Written by Sharon Feldman, JD
Facts
Newton By-Products Manufacturing Company, Inc. (Newton) (defendant) manufactured meat scrap, a type of ground and sifted poultry food made from scraps of meat gathered from thousands of butcher shops. Pine Grove Poultry Farm, Inc. (Pine Grove) (plaintiff), which operated a duck farm, purchased large quantities of Newton’s Red X Brand Meat Scraps from a retail dealer and fed the meat scrap to Pine Grove’s ducks. Several thousand ducks died because of particles of steel wire in the meat scrap. Pine Grove sued Newton for damages based on negligence. Newton’s meat scrap was referred to as “beef” scraps several times during the trial. The jury returned a verdict for Pine Grove. The appellate division reversed. Pine Grove appealed. The question before the court of appeals was whether Pine Grove could recover absent privity with Newton.
Rule of Law
Issue
Holding and Reasoning (O’Brien, J.)
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