200 ESSENTIALS OF VETERINARY LAW 



155. State regulation. Efficient regulations 

 should be made in every state by statutory enact- 

 ment, providing for a strict super\'ision of all in- 

 trastate meat industries, on the same general plan 

 as that maintained by the federal government. 

 But state laws requiring the inspection of animals 

 within the state before slaughter will be considered 

 as an unconstitutional interference w^itli interstate 

 commerce in the matter of meats shipped in under 

 supervision of the federal government.^^ Such 

 laws may be enforced only with regard to meat 

 slaughtered within the state. 



156. Common Law Regulation. By the common 

 law one who sells articles of food does so on the 

 implied warranty that they are wholesome; and 

 if they be not so an action lies for such damages 

 as may be shown.^^ Under this common law prin- 

 ciple a dealer may be assessed damages for the 

 sale of unwholesome food, for the offering of it 

 for sale is an implied warranty of its goodness.^^ 

 But such warranty does not operate where the pur- 

 chaser selects the article, and no artifice has been 

 used to hide defects.^^ Where the injurious arti- 

 cles are not subject to previous inspection, as in 

 canned goods, the seller, or the manufacturer may 

 be held for the damage suffered.** 



41 Minnesota v. Barber, 136 ** Farrell v. Manhattan Mar- 

 U. S. 313; Brimmer v. Eebman, ket Co., 198 Mass. 271, 84 N, 

 138 U. S. 78. E. 481, 15 L. E. A. (N. S.) 884. 



42 Blackstone, III, 165. 45 jMazetti v. Armour & Co., 

 43Winsor v. Lombard, 18 75 Wash. 622, 135 Pac. 633; 



Pick. 57; French v. Vining, 102 Bigelow v. Maine Central R. E. 

 Mass. 132, 3 Am. E. 440. Co., 110 Me. 105, 85 Atl. 396. 



