Hyatt v. Pepsi-Cola Albany Bottling Co.

Appeals by defendants from a judgment of the Supreme Court entered upon a verdict in favor of plaintiff in an action for damages for breach of implied warranty of fitness for use. This action was brought by respondent to recover for personal injuries which she sustained when she “ observed a whole dead mouse ” in a bottle of Pepsi-Cola which she was drinking. The sole issues raised on this appeal relate to excessiveness of the verdict and the imposition of interest from the date of the incident. The verdict of $20,000 for the personal injuries for respondent was liberal but not so large as to…