Comforto v. Cloverland Dairy Products Co.

McCALEB, Judge.

The plaintiffs, Mr. and Mrs. Peter Com-forto, have appealed from an adverse judgment dismissing their suit against the defendant, Cloverland Dairy Products Company, Inc., wherein they claim damages for the sickness they endured allegedly as a consequence of consuming a bottle of unwholesome milk which had been prepared, dispensed and distributed by the defendant as being fit for human consumption.

The questions presented by the record for our determination are solely ones of fact, i. e., (1) whether the plaintiffs were rendered ill as a result of drinking the milk; (2) whether…