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respondent, Emily Sadler, for unlawfully selling at 83, Neville Road,
West Ham, to the prejudice of the purchaser milk not of the nature,
substance and quality demanded. The following facts were set out in
the case as having been proved at the hearing:—
(a) On February 6th, 1906, four churns of milk arrived at
Wanstead Park Station at 4.20 a.m. The churns were consigned to the
respondent from Chellaston Station in Derbyshire, were labelled and
invoiced with labels or invoices similar to the one set out below. The
carriage of the milk was paid by the senders, (b) The churns
were removed from the train by one Edward Bell, a servant of the
Midland Railway Company, assisted by the guard of the train, and
were placed on the station platform. Edward Bell then went downstairs
to book tickets to passengers and to do other business until
their removal from the station, (c) The churns were removed from
Wanstead Park Station by Thomas Burrows, a servant of the respondent,
somewhere between 5.5 and 5.10 a.m. on February 6th. The
churns were handed over to Burrows by Bell, he (Bell) not having
tampered with them in any way. (d) The churns were thereupon
taken by Burrows to the respondent's dairy at 55, Woodstock-road,
East Ham. (e) The respondent then, in the presence of Burrows and
one George Johnson, measured the milk from one of the said churns
and put it into a receptacle on a barrow in the same state as it was
received from the railway station. (f) Johnson then took the milk on
the barrow, and at about 12.30 noon in Neville Road, outside No. 83,
sold one pint of the milk in the same state as he had received it to one
Blanche Walpole, for which he received 2d. (g) The purchase of the
milk was made by Blanche Walpole for and on behalf of the appellant
and the sale by Johnson by and on behalf of the respondent. (h) A
sample of the pint of milk purchased by Blanche Walpole was sent for
analysis to and analysed by the Public Analyst for the Borough of
West Ham properly and in accordance with the forms prescribed by
the Sale of Food and Drugs Act, 1875 (38 and 39 Vict. c. 63), Section
14, and all other necessary conditions and requirements of the said Act
or amending Acts were duly complied with. (i) The Public Analyst
on February 10th, 1906, certified that the sample was a sample of milk
deficient in fat to the extent of 11.6 per cent. (j) On February
22nd, 1906, the respondent gave notice in writing to the appellant
that she intended to rely upon an agreement in writing and a label or
invoice as a warranty. The agreement was one by which the respondent
agreed to buy from one E. R. 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."
The invoice or label was as follows:—"Feb. 5th, 1906, 3 churns, Nos.
6, 18, 11. Containing 23 B. gallons warranted pure new milk with all