Georgia Court Of Appeals, (May 04, 1978)
Docket number: 55863
SUBMITTED
MCMURRAY, Judge. - SUBMITTED
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Judgment affirmed. Quillian, P. J., and Webb, J., concur.

Supreme Court of Georgia - MILLER v. TURNER et al., 209 Ga. 255, 71 S.E.2.d 517 (1952)
Georgia Court Of Appeals - Gunter v. Willingham., 116 Ga. App. 700, 158 S.E.2d 255 (1967)
Anderson & Sanders, Faye Sanders, for appellant.
The operator of a hog farm purchased certain corn to feed his animals. Thereafter, the hogs became sick and many died.Freddie W. Deal, the operator, as plaintiff sued Tillman & Deal Farm Supply, Inc. for damages resulting from the loss of his hogs, including the incurred cost of veterinary services and medication. By amendment he sued in three counts: Count 1 was for breach of implied warranty that the corn purchased for feed was suitable for feeding to livestock, one of the ordinary purposes for which said goods are used. In Count 2 he sought damages -- for negligence of the defendant as the cause of the loss of his hogs by reason of alleged contaminated corn containing "aflatoxin." In Count 3 he sought damages resulting from the loss of his hogs as being caused by the contaminated corn which corn was supplied by the defendant "in breach of its express warranty of suitability for feeding to the plaintiff's hogs." The defendant answered denying the claim, admitting only jurisdiction and the sale of certain corn to the plaintiff.1. The first enumeration of error is concerned with whether the evidence is sufficient to support the verdict. The gist of plaintiffs claim in this case rests on the proposition that his hogs died as a result of eating contaminated corn that was purchased from the defendant. Defendant contends that the contaminated corn was discovered at a later date and after plaintiff had commingled the corn sold by defendant with corn purchased from two other sources. However, plaintiffs evidence established that he had fed the hogs during the period when they were ill with the corn purchased from defendant; that samples of corn provided by other sources were all negative for toxins whereas samples of the corn sold by the defendant and a sample of the feed made from defendant's corn were positive for toxins; and the hogs had not been sick before being fed the feed supplied from corn purchased from defendant, and became sick after eating defendant's corn, and some recovered when the feed was withdrawn. In consideration of all the evidence, we cannot say that the verdict and judgment is not supported by any evidence; hence this court will not disturb the judgment and verdict. Gunter v. Willingham,Try vLex for FREE for 3 days
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