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Gallagher v. Pequot Spring Water Co.
Circuit Court of Connecticut, Appellate Division
199 A.2d 172 (1963)
At her wedding, Gallagher (plaintiff) consumed a beverage bottled by Pequot Spring Water Company (defendant) and became nauseous. Her wedding and honeymoon were ruined as a result, and she sued Pequot for those injuries. At trial eighteen months later, Gallagher introduced an exhibit she said was the bottle in question. An ambiguous substance was barely visible through the dark bottle. Neither Gallagher nor her mother could clearly identify the substance. They testified that at the wedding, several guests excitedly identified the substance as a roach and commotion ensued. The jury entered judgment for Gallagher. Pequot appealed to the Circuit Court of Connecticut, Appellate Division, on the grounds that Gallagher did not establish a proper foundation for admitting the bottle as real evidence of her injuries. Pequot further argued Gallagher’s injuries could have been caused by the commotion and not by the bottler's negligence.
Rule of Law
Holding and Reasoning (Kosicki, J.)
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