David v. McKesson & Robbins, Inc.

Action to recover for the wrongful death of plaintiff's intestate, a four-year-old boy, alleged to have been caused by poisonous material in a package of appellant’s product. Judgment in favor of plaintiff affirmed, with costs. No opinion. Hagarty, Carswell, Davis and Johnston, JJ., concur; Adel, J., dissents and votes to reverse and to dismiss the complaint, with the following memorandum: (1) The proof does not exclude the reasonable possibility that the substance analyzed was not similar to that taken by plaintiff’s intestate. The can purporting to contain sodium bicarbonate was opened on…