## Facts

- Morehead City Sea Food Co. packed and sold salt mullet fish for human consumption.
- The company acquired a lot of mullets that were allegedly left exposed in the sun before packing, causing spoilage.
- On September 18, 1914, the company shipped salt mullets to W.S. White, a retail grocer in Edenton, North Carolina, for resale.
- The decedent purchased mullets from the retailer, ate them, became seriously ill, and died.
- The defendant admitted, and the jury found, that the death was caused by eating the fish from the shipment.
- Evidence showed other consumers became ill from the same lot and that the defendant received notice that the fish were making people dangerously ill.
- After receiving notice, the defendant allegedly delayed in warning retailers and did not use the fastest available means to stop sales.

## Issues

1. Whether a food packer that sells to a retailer impliedly warrants to the ultimate consumer that the food is fit and not dangerous, despite lack of privity.
2. Whether the evidence supported a finding of negligence in preparing and packing the fish.
3. Whether the evidence supported a finding of negligence for failing to give timely warning after notice that the fish were causing serious illness.
4. Whether implied warranty and negligence could support recovery for wrongful death by the consumer’s administrator.

## Decision

- The Supreme Court of North Carolina affirmed the judgment for the plaintiff.
- The court held that one preparing and selling food for human consumption impliedly warrants that it is fit and not dangerous or deleterious.
- The court held the evidence permitted a finding that the defendant was negligent in placing unwholesome fish on the market.
- The court held the evidence permitted a finding that, after notice of danger, the defendant negligently failed to act promptly to warn and prevent further sales.
- The court allowed recovery by the ultimate consumer’s estate notwithstanding the retail intermediary.

## Legal Principles

- A manufacturer or packer who prepares and sells food for human consumption impliedly warrants that the food is wholesome, fit to eat, and not dangerous or deleterious.
- In the sale of food for human consumption, implied-warranty protection extends to the ultimate consumer even when the consumer purchased through a retailer.
- A supplier placing food into commerce must use reasonable care in preparation and packing to avoid distributing unfit products.
- After receiving notice that a particular lot is causing illness, a supplier has a duty to act with reasonable promptness to warn retailers and prevent further harm; unreasonable delay may constitute negligence.
- Breach of these duties may support damages for personal injury or wrongful death.

## Conclusion

The court affirmed a wrongful-death verdict against a fish packer where the evidence supported findings that the fish were unwholesome due to negligent handling and that, after notice the lot was causing serious illness, the packer failed to give timely warning; the packer’s implied warranty of fitness and related duties were enforceable by the ultimate consumer’s estate despite lack of direct privity.


Ward v. Morehead City Sea Food Co., 171 N.C. 33, 87 S.E. 958 (N.C. 1916)