Upon appeals by the retailer and the distributor, judgment reversed upon the law and the facts and a new trial granted, with one bill of costs to appellants to abide the event.
The record discloses a sharp issue of fact upon the cause of the bursting of the bottle, whether from a defect inherent in the bottle or solely from a blow struck against the bottle. Determination of the disputed fact must be by the jury. (Civ. Prac. Act, § 457-a; Blum v. Fresh Grown...
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