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HOCHGERTEL v. CANADA DRY CORP.

409 Pa. 610 (1963)

Hochgertel, Appellant, v. Canada Dry Corporation.

Supreme Court of Pennsylvania.

January 21, 1963.

Attorney(s) appearing for the Case

Norman Paul Wolken, with him Norman Landy, and Wolken & Landy, for appellant.

Norman J. Cowie, with him Pringle, Bredin & Martin, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and KEIM, JJ.

OPINION BY MR. JUSTICE EAGEN, January 21, 1963:

The plaintiff, a bartender on duty in the clubhouse quarters of a fraternal organization, was injured by flying glass fragments, when an unopened bottle of carbonated soda water exploded as it was standing on the counter behind the bar. The soda water was previously bottled, sold and delivered by the defendant to plaintiff's employer. The plaintiff sued the defendant bottler manufacturer in assumpsit, charging a breach...

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