Keith v. Liggett & Myers Tobacco Co.

• Decision Date: 28 January 1935
• Docket Number: 759.
• Citation: 178 S.E. 90,207 N.C. 645
• Parties: KEITH v. LIGGETT & MYERS TOBACCO CO.
• Court: North Carolina Supreme Court

178 S.E. 90

207 N.C. 645

KEITH v. LIGGETT & MYERS TOBACCO CO.

No. 759.

Supreme Court of North Carolina

January 28, 1935

Appeal from Superior Court, Durham County; Cranmer, Judge.

Action by Horace Keith against the Liggett & Myers Tobacco Company. From an order allowing defendant's motion for judgment as in case of nonsuit, plaintiff appeals.

Affirmed.

Consumer held not entitled to recover against manufacturer of plug tobacco for injuries sustained when discovering bug in tobacco on taking a chew, where tobacco was purchased from a store and no connection between store and manufacturer was shown.

This was a civil action tried before Hon. E. H. Cranmer, Judge, at the September term, 1934, of the superior court of Durham county.

The plaintiff alleged that on or about September 9, 1933, he purchased a piece of "Spark Plug" tobacco from the store of J. T. May, in the city of Durham, and paid 5 cents for it; that, soon after he purchased said tobacco, he took a chew of it and discovered that there was a big, long, green looking bug embedded in the piece of said tobacco, and as a result thereof he became sick, suffered severe pains, was confined to his bed for a few days, and as a result of said sickness lost about two weeks from his work; that he was employed at the time he became sick and incurred a doctor's and medical bill. He alleged negligence on the part of the defendant in manufacturing the said tobacco and that the said negligence was the sole, efficient, and proximate cause of his sickness and injury, and prays for damage in the sum of $2,000.

The defendant in its answer admitted that it manufactured a brand of tobacco known as "Spark Plug," but denied any negligence on its part in manufacturing said tobacco. The defendant introduced no evidence, and at the close of plaintiff's evidence the defendant made a motion for judgment as in case of nonsuit. C. S. § 567. The court below allowed the motion. Plaintiff excepted, assigned error, and appealed to the Supreme Court.

J Grover Lee, S. J. Bennett, and A. A. McDonald, all of Durham for appellant.

Fuller Reade & Fuller, of Durham, for appellee.

CLARKSON Justice.

The principle involved in this case is set forth in Corum v Tobacco Co., 205 N.C. 213, 171 S.E. 78. This decision was cited with approval in Straughn v. Coca-Cola Co., 205 N.C. 836, 171 S.E. 926. In the Corum Case supra, the evidence was (page 214 of 205 N. C., 171 S.E. 78,...