Esborg v. Bailey Drug Co.

This is a products liability case. The defendants, Bailey Drug Company, the retailer, and Nestle-Lemur Company, the manufacturer, of the product involved, are appealing from an adverse judgment.

Trial of the action was had before the court, sitting without a jury. The appeal is upon a short record (Rule on Appeal 34 (3)), and contains only the testimony of the plaintiff wife (hereafter referred to as plaintiff) and two medical witnesses, one called by plaintiff and one by defendants.

The record before us does not indicate that pretrial interrogatories, and the answers thereto, contained in the…