Gardner v. Sumner

HARWOOD, Presiding Judge.

In the suit below Loyd Sumner filed his complaint in four counts claiming damages for physical illness and suffering proximately resulting from defendants’ negligence in bottling and selling a bottle of root beer for use by the public, which bottle contained foreign poisonous matter, and which was drunk by the plaintiff.

The jury returned a verdict in favor of the plaintiff, and fixed his damages at $400.-00. Judgment was entered accordingly.

The evidence presented by the plaintiff tended to show that on the morning of 21 August 1957 he had been engaged in cleaning out…