Royal Mink Ranch v. Ralston Purina Co.

172 N.W.2d 43, 18 Mich. App. 695
CourtMichigan Court of Appeals
DecidedOctober 17, 1969
DocketDocket 4,621
StatusPublished
Cited by7 cases

This text of 172 N.W.2d 43 (Royal Mink Ranch v. Ralston Purina Co.) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Royal Mink Ranch v. Ralston Purina Co., 172 N.W.2d 43, 18 Mich. App. 695 (Mich. Ct. App. 1969).

Opinions

Holbrook, J.

Plaintiff Boyal Mink Banch, a Michigan corporation, acting through its owner, Mrs. Josie Chaddock, brought this action for damages allegedly caused by feeding plaintiff’s mink a cereal manufactured by defendant, Balston Purina Company and distributed by defendant Wickes Corporation. The feed was claimed by plaintiff to be contaminated, nutritionally deficient, negligently prepared and improperly stored.

• Mrs. Chaddock’s husband, Dr. Theodore' Ch'ad: dock, is a veterinarianj practicing his profession in the Saginaw area where plaintiff’s mink tanch is [698]*698located. Dr. Chaddock was also concerned in the management of his wife’s Royal Mink Ranch.

Plaintiff had, prior to this difficulty, purchased in preceding years the products of Ralston Puriiia from the Wolohan Elevator at Birch Run, known as “mink breeder chow” and “mink developer chow” both concentrates which were mixed with other ingredients to provide a total ration for feeding adult breeders and baby mink. Defendant Wickes Corporation became the owner of the former Wolohan Elevator at Birch Run and plaintiff continued to purchase the chow from defendant Wickes. Both defendants denied the claims of plaintiff and defendant Wickes filed a counterclaim against plaintiff for the purchase price of the feed.

The case was tried before the court and a jury. The verdict as to plaintiff’s case was in favor of defendants of no cause of action. The verdict as to defendant Wickes’ counterclaim was in favor of defendant Wickes against plaintiff for the purchase price of the feed. Judgments were filed in accordance with the verdicts. Plaintiff appeals.

There is testimony in the record that plaintiff had operated the Royal Mink Ranch since 1945 and enjoyed a high reputation as a top breeder in the country; that plaintiff continued to operate the Mink Ranch after this occurrence with some improvement, but has been unable to regain the position of prominence enjoyed before 1961.

As a part of the operation of plaintiff’s mink ranch a feedhouse was maintained on the property where feeds were kept and mixed for feeding the mink. The “mink breeder chow” was advertised in various trade journals and manuals by defendant Ralston Purina as containing all the proper vitamins needed by mink during their mating and whelping period from January through June. The plaintiff [699]*699relied upon that representation of Balston Purina and as a result purchased defendants’ “mink breeder chow” and mixed it with other feed and fed the mix to the breeding mink for the 1961 season. During the whelping period when the young mink should be normally born many of the females were dying while giving birth, with most of the mink kittens being born dead as mummies or with severe malformations.

It was the theory of plaintiff on the trial of the case, that the vitamins claimed to be present in sufficient quantities in defendants’ “mink breeder chow” were not actually present, especially vitamin A. Plaintiff claimed that the vitamin A, if present in the chow originally, had been destroyed by the negligence of both defendants in storing the chow too long and under improper conditions.

The plaintiff raises 3 issues on this appeal which will be considered in proper order.

1. Did the trial court err in refusing to admit the testimony of a food ingredient man and other mink ranchers who used a prepared food containing the same “mink breeder chow” as used by plaintiff?

Plaintiff sought to have admitted the testimony of David ~W. Peterson, employed in the mink food ingredient business. His testimony was taken on a separate record as provided in GrCB 1963, 604; it concerned his personal observations as to conditions present at the King Banch, another mink ranch involved in a similar lawsuit that was heard prior to the instant case, vis.: Savage v. Peterson Distributing Company, Inc. (1967), 379 Mich 197. Plaintiff claims that the testimony given by Mr. Peterson at the Savage trial was collateral to the circumstances in the present case and therefore admissible. In the Savage case the plaintiff fed his mink a ration known as Peterson’s Bedi-Mix, manufactured by Peterson [700]*700Distributing Company. Tbe Redi-Mix contained Ralston Purina mink breeder chow or developer chow combined with other ingredients. In 1961, the mink on the Savage ranch suffered from an epidemic of food poisoning with resulting loss of mink, similar to that suffered by the Royal Mink Ranch. Examinations of both the mink carcasses and the Peterson Redi-Mix feed from the Savage ranch showed the presence of salmonella bacteria. Other mink ranchers from over a wide area testified at the Savage tidal that they had fed the Peterson Redi-Mix to their mink and salmonella bacteria were found in their mink.

The trial judge ruled that the proposed testimony of Mr. Peterson pertaining to his observations at the Savage ranch was irrelevant to the instant case because in Savage a different feed mix was fed to the mink even though the defendant’s products were included therein. The claims in the Savage case were that the presence of salmonella bacteria caused the loss whereas in the instant case plaintiff claims the loss was caused by a deficiency of vitamins, particularly vitamin A, in the feed. In 4 Callaghan’s Michigan Pleading & Practice, § 36.207, pp 57, 58, 59 and § 36.209, pp 61, 62, it is stated:

“In general, evidence as to happenings or things not involved in the controvery, or as to conditions or facts existing at other times or places than that of the occurrence or transaction in dispute, is inadmissible on the ground of irrelevancy or immateriality. * * *
“But evidence of a fact or condition at another time or place is admissible when it appears, or where other evidence is offered to show, that such fact or condition bears upon the controversy or an issue therein, that it is connected with a fact or condition in dispute, or that it would likely be the same, or at least similar, at both times or places. * * *
[701]*701“Generally, in order that evidence may be admissible as to a similar bnt distinct fact, the relation or similarity of which is not apparent, or in order that the admission of snch evidence may not be held to be erroneous, foundation evidence is required for the purpose of showing that the seemingly extraneous fact, as to which evidence is sought to be introduced or as to which evidence has already been admitted, is connected with the controversy or an issue therein, that it is the same as, or similar to, a fact in dispute, or that the circumstances or conditions were identical, or at least similar. In other words, the fact must be connected to the case by preliminary or follow-up evidence which will satisfactorily demonstrate that evidence of the fact is competent, relevant or material.”

Also see, Crane v. Valley Land Co. (1918), 203 Mich 353; Murchie v. Standard Oil Company (1959), 355 Mich 550; and Jones v. New York Central Railroad Company (1967), 8 Mich App 575.

The facts present in the Savage case were dissimilar to the facts in the present case, i.e.,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Lopez v. General Motors Corp.
569 N.W.2d 861 (Michigan Court of Appeals, 1997)
Keefer v. C R Bard, Inc
313 N.W.2d 151 (Michigan Court of Appeals, 1981)
Stone v. Goodyear Tire & Rubber Co.
224 N.W.2d 77 (Michigan Court of Appeals, 1974)
Thorp v. Dayton Tire & Rubber Co.
215 N.W.2d 600 (Michigan Court of Appeals, 1974)
Carr v. City of Detroit
210 N.W.2d 143 (Michigan Court of Appeals, 1973)
Royal Mink Ranch v. Ralston Purina Co.
172 N.W.2d 43 (Michigan Court of Appeals, 1969)

Cite This Page — Counsel Stack

Bluebook (online)
172 N.W.2d 43, 18 Mich. App. 695, Counsel Stack Legal Research, https://law.counselstack.com/opinion/royal-mink-ranch-v-ralston-purina-co-michctapp-1969.