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(Download) "Canada Dry Ginger Ale Co. v. Jochum" by District of Columbia Court of Appeals. # eBook PDF Kindle ePub Free

Canada Dry Ginger Ale Co. v. Jochum

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eBook details

  • Title: Canada Dry Ginger Ale Co. v. Jochum
  • Author : District of Columbia Court of Appeals.
  • Release Date : January 25, 1945
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

CAYTON, Associate Judge. Appellee, who was plaintiff in the trial court, was injured by the explosion of a bottle of carbonated
water manufactured and bottled by appellant, Canada Dry Ginger Ale Company, Inc. She sued the manufacturer and also the retailer
from whom she had made the purchase. At the trial the retailer was exonerated by a directed verdict, and from the resulting
judgment in his favor no appeal was taken. The jury awarded damages against Canada Dry Ginger Ale Company, which now appeals. This was the essence of the evidence for plaintiff: One morning she ordered by telephone from a delicatessen store two blocks
away from her apartment house a bottle of Canada Dry ginger ale 1 and two packages of cigarettes. Shortly, a delivery boy
appeared with the articles in a paper bag. Plaintiff received the package, paid him, closed the door, and turned toward the
kitchen. Within a few seconds the bottle, which she still held in the paper bag, exploded, sounding 'like a firecracker' breaking
into many pieces, shattering the bag and injuring her face and one hand. She immediately opened the door, and finding the
delivery boy still in the hallway summoned him to assist in gathering up the broken pieces of the bottle from the floor. She
also testified that she had not jarred the bottle nor struck it against anything, nor had she done anything to cause it to
explode.


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