200 ESSENTIALS OF VETERINARY LAW 
155. State regulation. Efficient regulations 
should be made in every state by statutory enact- 
ment, providing for a strict supervision 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 with 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.44 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 
U. 8. 313; Brimmer v. Rebman 
138 U. S. 78. 
42 Blackstone, III, 165. 
43 Winsor v. Lombard, 18 
Pick. 57; French v. Vining, 102 
Mass. 132, 3 Am. R. 440. 
2 
44 Farrell v. Manhattan Mar- 
ket Co., 198 Mass. 271, 84 N. 
E, 481, 15 L. R. A. (N. 8.) 884. 
45 Mazetti v. Armour & Co., 
75 Wash. 622, 1385 Pac. 633; 
Bigelow v. Maine Central R. R. 
Co., 110 Me. 105, 85 Atl. 396. 
