Ahearn v. Eldredge Brewing Co.

This is the same case reported 88 N. H. 287.

The death of the plaintiff’s intestate occurred in the defendant’s No. 8 tun, into which Ahearn had gone with the intention of removing a plug in order to permit the sediment to drain off. The beer had already been drawn out. Nobody witnessed the death of the intestate, but the plaintiff proceeded upon the theory that it was caused by carbon dioxide gas generated during fermentation and sinking to the bottom of the tun after the beer was drawn.

It might be found that prior to bringing any proceeding for the recovery of damages, plaintiff’s counsel…