93 A.2d 719 (Me. 1953), Lajoie v. Bilodeau

Citation:93 A.2d 719, 148 Me. 359
Opinion Judge:FELLOWS, Justice.
Party Name:LAJOIE v. BILODEAU et al. (two cases).
Attorney:[148 Me. 360] Clifford & Clifford, Lewiston, for plaintiff. John A. Platz, Lewiston, for defendant.
Judge Panel:Before MURCHIE, C. J., and FELLOWS, MERRILL, NULTY and WILLIAMSON, JJ. THAXTER, J., did not sit.
Case Date:January 07, 1953
Court:Supreme Judicial Court of Maine
 
FREE EXCERPT

Page 719

93 A.2d 719 (Me. 1953)

148 Me. 359

LAJOIE

v.

BILODEAU et al. (two cases).

Supreme Judicial Court of Maine.

January 7, 1953

[148 Me. 360] Clifford & Clifford, Lewiston, for plaintiff.

John A. Platz, Lewiston, for defendant.

Before MURCHIE, C. J., and FELLOWS, MERRILL, NULTY and WILLIAMSON, JJ.

FELLOWS, Justice.

These two actions for negligence brought by Wilfred Lajoie and his wife Irene Lajoie were tried together before a jury in the Androscoggin County Superior Court. At the conclusion of the evidence, the defendant moved that the presiding Justice direct a verdict in each case, which motion was denied in each case and exceptions taken. There were verdicts for the plaintiffs in the sums of $125 and $425 respectively.

The jury could have found, and undoubtedly did find, that in November 1951 the defendant had sold and delivered to the retail grocery store of Rene Parent & Son in Auburn, some bottles of 'Sunset Ginger Ale,' which had been manufactured and bottled by the defendant in his bottling plant.

Page 720

On or about November 25, 1951, Constance Lajoie, the fifteen year old daughter of the plaintiffs, went to the Parent store and purchased one of the quart bottles of Sunset Ginger Ale, that had been delivered to the store by the defendant. The bottle was dark green in color, with a side label and a top label. She carried the bottle home without opening it and placed it on the cupboard shelf in the kitchen. She there opened the bottle. The bottle reacted normally, [148 Me. 361] there was 'nothing unusual.' There was evidence to indicate that the bottle had not been previously opened or tampered with. Miss Lajoie poured some of the ginger ale into a water glass and took it to her mother who was then in bed with a leg injury. The plaintiff Irene Lajoie, took a swallow and said it 'tasted funny,' but continued to drink, and then 'wanted to have my father taste it because it didn't taste so good.' The father tasted of it and suggested that it be divided among the children. Constance drank some. When Constance Lajoie started to divide it, she heard a 'rattle sound in the bottle' and observed an 'old dirty brush' in the bottom of the bottle and 'something like rust going up and down in the ginger ale.' The bottle, with the brush and the remaining liquid containing the particles of sediment or rust, were taken care of by Lajoie and were in evidence at the trial.

The plaintiff Irene Lajoie became seriously ill immediately after she drank the ginger ale. The daughter Constance also became...

To continue reading

FREE SIGN UP