Whistle Bottling Co. v. Searson

This is a damage suit by E. A. Searson against the Whistle Bottling Company. The defendant was in the business of manufacturing and placing' on the market in bottles a soft drink called “Whistle” for the public. A friend of plaintiff purchased from a retailer two bottles of Whistle, and gave one to plaintiff. It contained a bug called “thousand legs.” Blaintiff was made sick, nadseated, and caused to suffer pain and mental anguish from drinking a portion of the contents of the bottle. There was judgment for plaintiff, and the defendant appeals.

There are two counts in the complaint. Count 1…