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Keegan v. Green Giant Co., 150 Me. 283, 110 A.2d 599

Facts

Carolyn Keegan was injured after consuming peas that contained a sharp piece of metal, which she allegedly swallowed while eating. The peas were purchased by her mother from a grocery store, which had sourced them from a distributor of Green Giant Company. The plaintiffs contended that the can of peas, marked with a label indicating it was distributed by Green Giant, should have been admitted as evidence to establish the company's liability. However, the court found that there was no extrinsic evidence linking the company to the can beyond the label.

At the close of the plaintiffs' cases, the defendant rested without submission of evidence and requested the Court to direct a verdict for the defendant in both cases.

Issue

Whether the label on the can of peas was sufficient evidence to prove that Green Giant Company manufactured, packed, and distributed the product.

The question here to be determined is whether or not Plaintiff's Exhibit 1 (marked for identification) is admissible in and of itself as evidence to prove that the defendant manufactured, packed and distributed the peas.

Rule

The court held that the admission of a label as evidence to establish authorship or responsibility for a product requires extrinsic evidence connecting the defendant to the product, beyond the label itself.

The admission of such material under these circumstances would violate the cardinal principle of proof of a written or printed document.

Analysis

The court analyzed the admissibility of the can and its label, determining that the label alone could not establish that Green Giant was the manufacturer or distributor without additional evidence. The court referenced legal principles regarding the proof of written or printed documents, emphasizing that mere labeling does not suffice to prove authorship or responsibility.

A careful analysis of the cases cited shows that in addition to the printed matter on the label, there was other evidence in connection therewith which identified the defendants with being the manufacturer, packer or distributor of the product.

Conclusion

The court upheld the directed verdict for the defendant, concluding that the plaintiffs failed to provide sufficient evidence to connect Green Giant Company to the can of peas in question.

Exceptions, in each case, overruled to the exclusion of evidence.

Who won?

Green Giant Company prevailed in the case because the court found that the plaintiffs did not provide adequate evidence linking the company to the product beyond the label.

The position of the Green Giant Company as I understand it is this: A can of peas with certain letters and numbers imprinted on the bottom portion and encircled with a label bearing the defendant's registered trademark and its name as the distributor, and in no way distinguishable to the purchaser or consumer from the defendant's product, is not evidence in itself sufficient to prove that the particular can was distributed by the defendant.

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