Cloverland Farms Dairy, Inc. v. Ellin

Markell, J.,

delivered the following dissenting opinion, in which Henderson, J., concurs.

Plaintiff bought three bottles of “Green Spot” at the filling station of the co-defendant, East, took them home, opened one, poured out and drank part of the contents and was thereby made ill. On examination of the bottle it was found that the contents were covered by an oily film which had a strong kerosene odor and on chemical analysis was found to be kerosene — or “a petroleum material in the kerosene range.”

At East’s filling station kerosene was handled and sold in bulk. “Green Spot” was kept for sale,…