Quimbee logo with url
From our private database of 14,500+ case briefs...

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.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 263,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,500 briefs, keyed to 196 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.