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HEIMSOTH v. FALSTAFF BREWING CORP.

Term No. 53-O-6.

1 Ill. App.2d 28 (1953)

116 N.E.2d 193

John Heimsoth, Plaintiff-Appellant, v. Falstaff Brewing Corporation, Defendant-Appellee.

Appellate Court of Illinois.

Released for publication January 4, 1954.

Attorney(s) appearing for the Case

JOHN R. SPRAGUE, of Belleville, and GILBERT ROSCH, of Granite City, for appellant.

McGLYNN & McGLYNN, of East St. Louis, for appellee.

MR. JUSTICE CULBERTSON delivered the opinion of the court.

This appeal arises from an action which was brought to recover damages occasioned by appellant, John Heimsoth (hereinafter called plaintiff) becoming ill from consuming a portion of a bottle of Falstaff beer, which contained a "prophylactic latex." At the trial with the jury, the court below granted defendant's motion at the close of plaintiff's evidence to find defendant not guilty and judgment was entered...

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