Tremaine, Exrx. v. H. K. Mulford Co.

Opinion by

Mr. Justice Maxey,

This was an action of trespass based on the alleged negligence of defendant corporation in furnishing for the inoculation of Dr. S. C. Tremaine rabies vaccine which instead of being sterile, harmless, and suitable for the purpose for which it was advertised, was (so it is alleged) not sterile, safe, or suitable for the use for which it was intended, in that it contained organisms and other ingredients which upon injection were destructive to human life, and that it caused his illness and death. After trial, at the close of which plaintiff filed a point for binding…