Finck v. Albers Super Markets, Inc.

HAMILTON, Circuit Judge.

Appellant, Raymond Finck, alleged that he was a customer of appellee, the Albers Super Markets, Inc., a retail dealer of food stuffs and soft drinks in Campbell County, Kentucky, and that on February 13, 1937, his wife purchased from appellee for family consumption, a bottle of “Super Brand Lithiated Lemon,” a soft drink, and on February 15, 1937, appellant drank a part of the contents of the bottle and discovered that it contained “bugs, insects and other foreign and filthy and decomposed substances.”

Appellant alleged that immediately after drinking from the bottle he…