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Then, as the rough and ready tests available would reveal to the retailer the
addition of water or abstraction of cream, or both, when above the limits
below which Authorities do not usually prosecute and Magistrates do not
usually convict, the present one-sided evidence of the milk being sold as it is
purchased could be met by counter evidence, and the public be better protected
against fraudulent retailers, and honest retailers against the secret practices of
those about them.
(3) The proof that a retailer has a written warranty of the nature, substance,
and quality of the milk may be in the form of a contract, an invoice, or a
label. If the retailer produce a written warranty, and also prove that he sold
the milk as he received it (an extremely difficult thing to disprove), he is
discharged from prosecution. The wholesale dealer can then be prosecuted,
and, if the place of delivery be at the premises of the retailer, the wholesale
dealer cannot escape from liability, even if his warranty be guarded by the
words "without accepting any responsibility after delivery" (Wilson x. Playle,
K.B.D., April 3, 1903, Knight's L.G.R., 1903, p. 870). Furthermore, the
wholesale dealer cannot rely upon the warranty he has received from thefarmer
who supplied him with this very milk, as the Acts do not provide for
successive warranties for the same sample of milk (Manners v. Tyler, K.B.D.,
May 3rd, 1902, L R., p. 901). It is not to be wondered at, therefore, that
wholesale dealers do not give warranties to retailers.
The Railway Stations in London at which Milk is delivered and the approximate
daily quantities.
(A churn contains 8 barn gallons, but a number will average about 7 or 7½ barn
gallons, and one barn gallon equals two imperial gallons.)
Battersea Clapham Junction (L. & S.W.R.) 520 churns, (L.B.
& S.C.R.) 7 churns.
Bermondsey London Bridge (S.E. & C.R.) 3 churns, (L.B. &
S.C.R.) 7 churns.
Bethnal Green Cambridge Heath (G.E.R.) 200 barn gallons, Bethnal
Green (G.E.R) 48 barn gallons.
Camberwell East Dulwich 20 churns, Peckham Rye 2 churns.
Chelsea No railway stations or depots at which milk is
delivered.
City of London Liverpool Street 6,400 imperial gallons, Broad Street
448 imperial gallons, Moorgate Street (Mid. R.)
32 imperial gallons, Fenchurch Street 1,280
imperial gallons. Total: 8,160 imperial gallons.
Deptford New Cross (L.B. & S.C.R.) 113 churns, Brockley
(L.B. & S.C.R.) 40 churns, New Cross (S.E. &
C.R.) 15 churns.
Finsbury No milk delivered by rail.
Fulham No railway station at which milk is delivered.
Greenwich About half a dozen churns at each of the five railway
stations in the Borough.
Hackney Dalston Junction 9 churns, Hackney Downs 56
churns, London Fields 7 churns, Victoria Park
2 churns, Clapton 7 churns, Stamford Hill 30
churns, Rectory Road 4 churns.