Pabst Brewing Co. v. Chicago, Milwaukee & St. Paul Railway Co.

On Motion for a Rehearing.

BLAND, J.

The defense in this case has always been (1) that Pablo was beer under the meaning of the Constitution of Arizona, and (2) that if it was not beer, its appearance deceived defendants into thinking that it was beer. Some confusion has arisen as to whether we meant to say in the foregoing opinion that there was evidence that the beverage was beer and not Pablo or whether it was Pablo and that Pablo is beer. In this connection plaintiff contends that defendants are bound by the testimony of plaintiff’s brew master and chemist, put on the stand by them, to the…