8017. Supplement to notices of judgment on foods, No. 6092.    IT. S. v. 89 Cases
of Evaporated Milk.    (F. D. C. No. 12628.    Sample No. 75227-F.)
On June 6,1944, a libel was filed in the Western District of New York against 
39 cases of evaporated milk, alleging that it had been shipped by the Borden 
Co., from Perrington, Mich., and that it was adulterated in that it consisted in 
whole or in part of a decomposed substance. The product at that time was 
in possession of the Erie Railroad Warehouse, Niagara Falls, N. Y. The goods 
were seized under the libel and the seizure action was terminated upon the entry 
of a decree of condemnation and destruction, no claim or answer having been 
filed.
Further investigation of the shipment has been made by this Agency in view 
of representations by the shipper that the product was in good condition at the 
time of shipment. The records of the railroad show that no inspection of the 
product had been made at the point of origin of the shipment, but that inspec- 
tion at destruction showed that the cases had shifted during shipment and that 
some cans had been punctured, causing the milk to leak through on a number 
of cases. The records also show that the railroad claims agent concluded that 
the damage was caused by rough handling in transit.
FEEDS AND GRAINS