Burk v. Creamery Package Manufacturing Co.

102 N.W. 793, 126 Iowa 730
CourtSupreme Court of Iowa
DecidedMarch 9, 1905
StatusPublished
Cited by43 cases

This text of 102 N.W. 793 (Burk v. Creamery Package Manufacturing Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Burk v. Creamery Package Manufacturing Co., 102 N.W. 793, 126 Iowa 730 (iowa 1905).

Opinion

Deemer, J.—

Defendant is a corporation engaged in the manufacture and sale of creamery supplies, fixtures, etc., at the city of Waterloo. It keeps for sale, and sells, sul-phuric acid, which is extensively used in all creameries. On or about January 26, 1903, it sold at retail to one Piedel a one-gallon jug of sulphuric acid, but failed to label the same as required by statute, or to indicate in any manner upon the package that it contained a deadly poison. Piedel owned and operated what w'as known as the “ Crane Creek Creamery,” in a rural community in Black Hawk county, and he took the jug containing the acid to his said creamery, and placed it upon a shelf in one of the rooms thereof. It was the custom at this creamery to put buttermilk in jugs similar to the one in which the acid was placed, for the [732]*732•use of customers and employes of the creamery, who were invited and permitted to drink the milk placed therein; Harry O. Burk, plaintiff’s minor son, who was then seventeen years of age, was lawfully at the creamery on the 9th day of February, 1903, and seeing the jug containing the acid, asked an employe at the creamery if he could have a drink of buttermilk. The employé, not knowing that the boy had his eye on the sulphuric acid jug, but supposing that he was referring to another close at'hand which did contain buttermilk, told him that he could, and invited him to drink of the milk. Burk went to the jug containing the acid, and, supposing that it contained buttermilk, drank therefrom, and, as a result thereof, died the next day. The acid was taken about two o’clock in the afternoon of a bright day, and the room in which the jug was kept was well lighted. Burk’s eyesight was good, and he could easily have seen a label had one been placed upon the jug. Creameries universally use sulphuric acid for the purpose of tesh ing milk and cream for butter fat, and this the defendant company well knew. The jug containing the acid was a little larger than the buttermilk jug; but both were one-gallon white jugs, and there was nothing in general appearances to distinguish one from the other. Defendant knew that it was the custom of all creameries to provide buttermilk for people to drink, and that patrons thereof carried the same away for use at their homes.

1- so»! negu1' Code, section 4976, provides, in substance, that if any person deliver to another any poisonous liquor or substance without having the word “ poison,” and the true name thereof, written or printed upon a label at-' -tached to or affixed upon the vial, box, or parcel containing the same, he shall be guilty of a misdemeanor. And sections 2588 and 2593 also prohibit the sale of poisons, except that the same be labeled as therein required. Violation of such sta,tutes is universally held [733]*733to be negligence. Ives v. Weldon, 114 Iowa, 476, £.nd cases cited.

2. Proximate CAUSE OF DEATH. But defendant contends that this negligence was not the proximate cause of the injury to the plaintiff’s son. It was, of course, incumbent upon the plaintiff to show, not only a violation of one or the other of these sections of the Code, but also that such violation was the proximate cause of the injury and death of his son. That matter was submitted to the jury under proper instructions, and it fotmd for the plaintiff on this issue.

3. Intervening NEGLIGENCE. But it is said that Riedel, the owner of the creamery, was also guilty of negligence in placing the jug in the creamery at the place he did, that this negligence was the approximate cause of the injury to plaintiff’s son, and that the defendant had no reason to apprehend or anticipate any negligence on the part of the purchaser of the acid. As said in the Ives Case, supra, these statutes were made for the protection of all persons in the State, and to warn all that the substance they are handling is dangerous, and that its use requires constant care. Defendant, as we have said, knew of the custom which prevailed among creameries, knew that buttermilk is kept there for the use of patrons, and that sulphuric acid is used in all creameries. It knew, or should háve known, that any one lawfully about the creamery was likely to pick up this jug, and to use the same for any legitimate purpose. It owed a duty to any one who might rightfully handle or use the jug in the ordinary, usual, or customary manner. This jug had to be kept about the creamery, 'and there was no statutory or other obligation on the part of the creamery owner to keep it under lock and key. Of course, if he knew that it was not labeled, or by the use of ordinary care should have known of that fact, he would be required, on"account of the dangerous character of the acid, to use due care to protect all persons who might rightfully come in contact [734]*734therewith. But failure on the part of the purchaser to do this would not necessarily excuse the vender for his violation of law.

i. Negligence. But defendant insists that it had no reason to anticipate the wrongful or negligent acts of the manager of the creamery, and that it is for that reason not liable for the consequences thereof. While there are some loose eXpress£ons jn the books to the effect that One is not liable for negligence unless the results of his acts might reasonably have *been foreseen by him, the true doctrine, as we understand it, is that it is not' necessary to a defendant’s liability that the consequences of his negligence should have .been foreseen. It is sufficient if the injuries are the natural, though not tire necessary or inevitable, result of the wrong; such injuries as are likely, under ordinary, circumstances, to ensue from the act or omission in question. The test, after all, is, would ordinary prudence have suggested to the person sought to be charged with negligence that his act or omission would probably result in injury to some one? The particular result need not be such as that it should have been foreseen. Palmer v. R. R. Co., 124 Iowa, 424; Hazzard v. City, 79 Iowa, 106; Doyle v. R. R. Co., 77 Iowa, 607; Osborne v. Van Dyke, 113 Iowa, 557. In applying this doctrine to cases where there is an intervening agency, it is generally held that the intervening act of'an independent voluntary agent does not arrest causation, nor relieve the person doing the first wrong from the consequences thereof, if such intervening act was one which would ordinarily be expected to flow from the act of the first wrongdoer. Lane v. Atlantic, 111 Mass. 136.

6’ PcauseMATE Where several proximate causes contribute to an accident, and each is an efficient cause, without the operation of which -the accident would not have happened, it may be attributed to all or any of the causes; but it cannot be attributed to a cause unless without its operation the accident would not have hap[735]*735pened'. These rules have full support in our cases. Walrod v. Webster Co., 110 Iowa, 349; Harvey v. Clarinda, 111 Iowa, 528; Buchner v. Creamery Co., 124 Iowa, 445; Palmer v. R. R. Co., 124 Iowa, 424; Gould v. Schermer, 101 Iowa, 582; Liming v. R. R. Co., 81 Iowa, 246; Schnee v. City, 122 Iowa, 459; Ives v. Weldon, supra.

•Referring now to the facts. The jury was fully justified in finding that but for defendant’s act or omission the accident in question would not have happened.

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102 N.W. 793, 126 Iowa 730, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burk-v-creamery-package-manufacturing-co-iowa-1905.