Hochgertel v. Canada Dry Corp.

Opinion by

Me. Justice Eagen,

The plaintiff, a bartender on duty in the clubhouse quarters of a fraternal organization, was injured by flying glass fragments, when an unopened bottle of carbonated soda water exploded as it was standing on the counter behind the bar. The soda water was previously bottled, sold and delivered by the defendant to plaintiff’s employer. The plaintiff sued the defendant bottler manufacturer in assumpsit, charging a breach of implied warranties, namely: (1) That the soda water was of merchantable quality; (2) That it was fit and safe for the purposes for which it was…