Sweeney v. Blue Anchor Beverage Co.

Opinion by

Mr. Justice Maxey,

This is an action in trespass. Plaintiff had a store in Philadelphia in which she sold cigars, candy, and soft drinks. On April 19, 1934, the defendant, with which she had business dealings for several years, delivered to her four cases of carbonated beverages, including ginger ale in 30-ounce bottles. Plaintiff removed the bottles from the cases in which they were delivered and placed them standing on the concrete floor alongside the ice box in her store. On April 20, 1934, a customer came for ginger ale. Plaintiff served him and then replaced the bottle in the…