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52
contained added water; but although he was delivering every churn
under a guarantee and warranty to the effect that the milk was pure and
unadulterated, he apparently took no steps to sift the matter, and
suggested that the water must have been added during the time the milk
was in the charge of the railway company. This is an explanation
which has frequently been advanced by farmers, when milk has been
found to be adulterated upon its arrival in London from the country, and
it was felt that in justice to the railway company some special steps
should be taken. Accordingly, the Senior Sanitary Inspector, in company
with the representative of the local firm, went down to the farm in the
early morning, and unbeknown to the persons handling the milk kept
it under observation from the time it left the farm until the time it was
put upon the railway, and then accompanied the churns the whole way
to Hampstead. Upon its arrival, a sample was taken by Inspector
Hudson and this was found to contain added water. It was thus proved
conclusively that the adulteration took place at the farm. Further
enquiries into the matter revealed the fact that the farmer supplying
the milk occupied two farms, the management of the one from which
the milk in question came being in the hands of a manager. It was
established beyond doubt that the farmer had not, personally, any knowledge
of the adulteration, and in view of this fact the Magistrate
inflicted no penalty. The case, however, is of special interest in
illustrating the way in which warranties are given and milk delivered
without any attempt being made by those who have made themselves
responsible under the warranty to assure themselves that the milk is
delivered within the terms of the contract; and yet the mere existence
of such a warranty would prevent any proceedings taken against persons
retailing the adulterated milk from being brought to a successful issue.
It is a matter for congratulation that Parliament has at last passed
legislation amending the law relating to the "warranty defence," but
until experience has been obtained as to the practical working of the new
provisions, it is impossible to foretell how far they will be effectual in
protecting the interest of the unfortunate consumer.
Warranty Defence.
Proceedings necessitated in regard to the adulteration of milk were
dismissed in 3 instances owing to the vendor successfully proving a
warranty.