Opinion
November 7, 1955.
In an action to recover damages for personal injuries, the appeal is from a judgment in favor of respondent, entered upon a jury verdict. Judgment reversed and new trial granted, with costs to abide the event. Appellant is a bottler of carbonated beverages. Respondent offered proof that after partaking of the contents of a bottle labelled "Ginger Ale", the same having been bottled by appellant, she found that the liquid contained therein was in fact chlorine. The verdict was contrary to the weight of the credible evidence. Nolan, P.J., Wenzel and Ughetta, JJ., concur; Schmidt and Beldock, JJ., dissent and vote to affirm, upon the ground that questions of fact were presented for determination by the jury.