Bilk v. Abbotts Dairies, Inc.

Opinion by

Stadteeld, J.,

This is an action in assumpsit brought by the plaintiff, Simon Bilk, to recover damages for personal injuries alleged to have been sustained by reason of defendant’s breach of an implied warranty.

The statement of claim avers, inter alia, that the plaintiff, on August 4,1939, purchased a bottle of milk, prepared, manufactured and packed by the defendant, Abbotts Dairies, Inc.; that the bottle contained broken glass; that upon drinking the contents of the said bottle, the plaintiff was cut, scratched and irritated in and about the inside of his mouth and throat; and that…