Try-Me Beverage Co. v. Harris

The action is for damages for personal injury resulting from drinking a beverage bottled and sold by defendants as “Try-Me,” and which contained some foreigh substance, to wit: Tin foil, tobacco, cigarette paper, or other foreign matter. The complaint charges the injuries were proximately caused by the negligence of defendants, or their employees, in the' negligent manner in which the beverage was prepared, manufactured, or bottled.

The main insistence on appeal seems to be that the evidence did not identify the beverage bought by plaintiff as the defendants’ product. For this cause it is…