Marlow v. C. Schmidt & Sons, Inc.

HEIMBACH, P. J.,

Plaintiff s complaint is that immediately after consuming several ounces of Schmidt’s bottled beer he became nauseated because the beer was improperly brewed and contained seeds and a large swollen hop. As a result he suffered a severe shock to his nervous system and attendant emotional suffering and distress.

The thrust of defendant’s prehminary objections in the nature of a demurrer and a motion for a more specific complaint is that emotional distress, unaccompanied by an injury, is not compensable, citing Young v. Great Atlantic & Pacific Tea Co., 15 F. Supp. 1018 (1936).

In…