MacPherson v. Canada Dry Ginger Ale, Inc.

The plaintiff had judgment and the defendant appeals. Mrs. MacPherson was employed in a confectionery store in which the defendant’s product was sold. A six ounce bottle of Canada Dry ginger ale burst cutting her hand. Her duties were to clean the cooler and refill with bottles and ice. This she had done on the morning of the accident. When about to put other bottles in place, she lifted the lid and a bottle placed there in the morning exploded.

The defendant’s proofs were to the effect that due care was observed in the testing of the tensile strength of all bottles in which its product was…