Heimsoth v. Falstaff Brewing Corp.

This appeal arises from an action which was brought to recover damages occasioned by appellant, John Heimsoth (hereinafter called plaintiff) becoming ill from consuming a portion of a bottle of Falstaff beer, which contained a “prophylactic latex.” At the trial with the jury, the court below granted defendant’s motion at the close of plaintiff’s evidence to find defendant not guilty and judgment was entered on the directed verdict in favor of appellee, Falstaff Brewing Corporation (hereinafter called defendant). The sole question before us is whether or not the court properly-directed a…