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JOFFRE v. CANADA DRY, INC.

[No. 116, September Term, 1959.]

222 Md. 1 (1960)

158 A.2d 631

JOFFRE v. CANADA DRY GINGER ALE, INC., ET AL.

Court of Appeals of Maryland.

Decided March 14, 1960.

Attorney(s) appearing for the Case

Warren E. Miller, with whom was Gene R. Arnold on the brief, for appellant.

Joseph B. Simpson, Jr., with whom were Simpson & Simpson, Vivian V. Simpson and H. Algire McFaul on the brief, for the appellee, Canada Dry Ginger Ale, Inc.

Richard B. Latham, with whom were McInerney & Latham and John M. McInerney on the brief, for the other appellee, Midtown Delicatessen and Restaurant.

The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.

HAMMOND, J., delivered the opinion of the Court.

Appellant, Miss Marie Jane Joffre, then a lieutenant in the Navy, had her Achilles tendon severed by a fragment of glass from a Canada Dry club soda bottle which shattered in a delicatessen store in the City of Washington, D.C. She sued the bottler of the Canada Dry sparkling water and the delicatessen in the Circuit Court for Montgomery County. At the conclusion of the plaintiff's case the trial judge directed a verdict...

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