(DOWNLOAD) "Smedley Co. v. Employers Mutual Liability Ins. Co." by Supreme Court of Connecticut # eBook PDF Kindle ePub Free
eBook details
- Title: Smedley Co. v. Employers Mutual Liability Ins. Co.
- Author : Supreme Court of Connecticut
- Release Date : January 19, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
The facts are undisputed. They may be stated in
this fashion: The plaintiff, to be called Smedley,
owns and operates a public warehouse in New Haven.
In the early part of 1950, Smedley had in storage
for the American Maize-Products Company certain
products known by the trade names "Frodex" and
"Flufftex." During February, 1950, the Maize-Products
company ordered Smedley to turn over to an independent
trucker twenty-five bags of Frodex for delivery to
the New London and Mohegan Dairies Corporation,
hereinafter called Mohegan. Smedley's records show
that twenty-five bags of Frodex were placed upon the
warehouse platform and that they were subsequently
picked up by the independent trucker. On May 25,
1950, Smedley was served with a writ in an action
brought by Mohegan to recover $12,000 damages. The
complaint, sounding in tort, alleged among other
things that Smedley was negligent in delivering to
the trucker twenty-five bags of Flufftex rather
[143 Conn. 512]
than of Frodex. It further alleged that Frodex,
unlike Flufftex, is a substitute for sugar and
that, after the delivery of the Flufftex at New
London, Mohegan used it in the manufacture of a
large quantity of ice cream, all of which was
thereby ruined. The complaint finally alleged that
the damage to the ice cream was caused "by the
neglect or careless conduct of . . . The Smedley
Company and . . . its agents and servants in that
they failed to exercise reasonable care . . . to
guard against releasing from its warehouse and
turning over to a carrier wrong or incorrect products."
On July 24, 1950, Smedley was served with a writ
in an action brought by the Maize-Products company.
The complaint also sounded in tort and alleged,
in substance, that the Maize-Products company
incurred liabilities to the extent of $12,000 as
a result of the negligence of Smedley in turning
over to the trucker twenty-five bags of the wrong
product which, after delivery to New London, were
used in the manufacture of ice cream with
disastrous results.
 "Smedley Co. v. Employers Mutual Liability Ins. Co." by Supreme Court of Connecticut # eBook PDF Kindle ePub Free){kind=link}