Canada Dry Ginger Ale Co. v. Jochum

CAYTON, Associate Judge.

Appellee, who was plaintiff in the trial court, was injured by the explosion of a bottle of carbonated water manufactured and bottled by appellant, Canada Dry Ginger Ale Company, Inc. She sued the manufacturer and also the retailer from whom she had made the purchase. At the trial the retailer was exonerated by a directed verdict, and from the resulting judgment in his favor no appeal was taken. The jury awarded damages against Canada Dry Ginger Ale Company, which now appeals.

This was the essence of the evidence for plaintiff: One morning she ordered by telephone from…