UTTLEY, P.J., November 16, 1950.
This is an action of assumpsit brought by J. Stewart McNitt, plaintiff, for damages for personal injuries caused by the explosion of a glass bottle of "7 Up" a carbonated beverage, sold and delivered to him by C.T. Benner, defendant, and is based upon an implied warranty that the beverage and the bottle in which it was contained were fit for the purpose for which they were sold and were of mechantable quality.
Plaintiff in...
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