New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-09-06
MEAT IS PACKERS RISK
Judae Holds Producer Is Re-
sponsibIe to Consumer.
KILLS ARMOUR DEMURRER
on;nion in Suit of Woman Who
Alleged Poisoning from
Pork.

Walter C. Moves. circuit Judge, hled an
o,,rior IN ,be Federal District Court yes
terday holding that under the la" pack
ers are responsible not only 20 the middle
man mt IN the consumer This principle
was brought out by suit against Armour
& Co. BY Sophie Kelterer, VINO aIlese" ~
her complaint that she was poisoheu Ds
eating A pork product OF the deiehodht
which was affected with trichinF. she as
serted that n proper inspection mad oeen
maintained the infection would have been
discovered. Armour a. co. interposed
demurrer which was overruled by Judge
Moves yesterday
IN the demurrer Armour 90. con-
tended that manufacturer VINO deal'
with Sne middleman and not Directly WIN
the consumer owed the latter no duly
whatever except the duty owing 70 an
men 10 refrain from knowingly and VIII
fully inficting injury.
The Judge. In his opinion. said
And as wilful injury is hardly con-
ceivabfe the claim comes down 20 TINS
that the producer OF meats can take 10
steps 90 detect poisonous parasites III hia
products. although the danger or thSiI
presenco Is well known and can oe qua q
ed against. and vet may sell such proo-
ucts with impunty. so far az the de-
n ands of the poisoned conumer are CON
cerned
This contention Is based upon tine theory
that 50 long az the manufacture -eia
only 10 the deal er or middleman. ne u 4
stranger 70 the consumer. there - no
cortractual relationship 20 base dutt
upon n h. said that the dealer maN SUI
the manufacturer and that the cons nleI
cannot sue the manufacture. N ot.r.
words ~ the claim De- well founded, tne
rufddlernau mas an effective remedy, oul
NJ IL nor injured The consumer - IN
iured but cannot look 70 the wrongdoef
and must sue the Ocal dealer, VINO y
likely 20 be irresponsible ana Is certainty
free from fault.
And this contention has support In au-
thorfty n is unquestionabiy the RUE IN
the case % many manufacture arrcleS'
where the consequence OF negligent man
ufarfrra cannot readily no fOre-@'n. lnft
tho owl Effects OF negligence cannot he
followed down % their ina results Inu5.
al. is pointed out I'm one OF these ass.
careless manufacture or ron coulH no.
D.. held responsible for the destruction "t
"a steamer from the bursting Of 4 boiler
into the construction OF Whicn DIS IN
perfect material after passing tnroNg
many hands had gone IN such case,
ara "a others less clear. n - SAID fliat
for negligence should not be pressed 70 A.
ir1uractfcable extreme But J am Whol.T
unable t0 apply 30 in The uam- ~ puoil
policy Public policy regards the puDEc
Good and I am yet % he convinced tnat
-re nubiic welfare VIII BE- promoted ~
holding that producers and manufactur-
or owa no duty 20 consumers 70 guard
against diseased and poisonous meats AMI
provisions except in those ISOLATED cases
where they happen 20 sell directly 20
thrr1.
Tho remedies Of injured consumers ought
not ~ depend upon the intricacies OF the
fsr-,irer should NOT b. based alone upon
privitv Of contract II should rest. a.
once was said. upon "the demands OF So
ria' Justice" The producer should 10 held
-esrouSfbI- FOR the results or negligent
acts which he can readily toresee mere
fs no analogy between the case whore de-
,ectfva material after passing through
many hands produces not 70 De looked
for nl effects.
Armour 4 Co. = demurrer was oyerruied
with costs upon the payment OF which
within twenty DAYS Judge Noyes said the
plaiutin might answer.
The plaintiff. who says she Is subject
or the Emperor of Germany and rest
dent Of the Southern District 81 New
York. sued FOR damages amounting 10
ss0o She alleged that she had been
afflicted with trichinosis after eating
Iachinker. a pork product put up oy Ar
r1our 4 CO.. which she purchased on De
Gambler Is iqil