Gallagher v. Pequot Spring Water Co.

199 A.2d 172 (1963)

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Nature of the Case

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Facts

P sued D, a bottler and vendor of grape soda. P was married on August 26, 1961, and at the wedding reception, she drank some grape soda that had a bloodsucker or cockroach in it. P did not see the bottle, but after drinking the elixir, she became ill and vomited. P had to abstain from the joyous incidents of the nuptial night, abandoned the plans for her honeymoon, and a few days later returned to work. During trial, the bottle was admitted as exhibit 1. D objected to its introduction into evidence as the substance in the bottle had not been identified, that there was no proof that the substance was in the bottle at the time of the occurrence, that the custody and care of the bottle had not been accounted for, and that a proper foundation had not been laid for admitting the item into evidence. The bottle was let in any way. P was awarded $2500, and a remittitur was ordered to $1000. D appealed.