San Antonio v. Warwick Club Ginger Ale Co.

These are two civil actions commenced by the plaintiff to recover damages for an injury to her hand, incurred while opening a bottle of soda water. The cases were consolidated for trial to a superior court justice, sitting with a jury, and are before this court on the plaintiff’s appeals from judgments entered for the defendant in each case.

The facts are not in dispute. They establish that on January 14, 1962, plaintiff purchased a carton of six seven-ounce bottles of soda water from defendant Sardiello, d/b/a Boulevard Spa, hereinafter called “Boulevard.” The soda water was bottled and…