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of Lading of the Siberian butter as a defence to a prosecution in
respect of a sample of the adulterated butter.
The second case, Sanders v. Sadler, was a prosecution in respect
of milk, and shows how the warranty defence section of the Sale of
Food and Drugs Act enables a vendor, with comparative ease, to relieve
himself of responsibility for the purity of the article sold. The facts
are set out in the following reprint from the Times :—
King's Bench Division—(Lord Alverstone, C.J.,
Ridley and Darling, J.J. 1906, Oct. 29.
SANDERS v. SADLER.
Adulteration—Milk in course of transit—Place of delivery—Written
Warranty—Sale of Food and Drugs Act, 1875 (38 and 39
Vict., c. 63), ss.6, 25.
The respondent, a milk salesman at West Ham, agreed to buy from
one Warth, of Notts, "about 16 barn gallons of pure new milk with
all its cream delivered daily, carriage paid to Wanstead Park Station,
properly cooled and in good condition." On a certain date covered by
the contract four churns of milk arrived at Wanstead Park Station
consigned to the respondent from a station in Derbyshire, the churns
having a label attached stating that the milk was warranted pure new
milk with all its cream pursuant to contract. The churns remained at
Wanstead Park Station platform for about 45 minutes before they
were handed to the respondent's servant by the railway company's
servant, the latter not having tampered with them in any way. The
respondent subsequently sold some of the milk, which upon analysis
was found to be deficient in fat. Upon an information charging the
respondent with an offence under Section 6 of the Sale of Food and
Drugs Act, 1875, the Justices dismissed the summons. Held, that the
place of delivery was Wanstead Park Station, that there was no
evidence that the milk was tampered with after its arrival at that
Station, and that the summons was properly dismissed.
This was a case stated by the Stipendiary Magistrate for West
Ham on an information by the appellant, Charles Sanders, against the