Donoghue v Stevenson

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Donoghue v Stevenson – Appeal Papers – Respondent’s Case

Respondent's Case Page 3

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THE RESPONDENT’S CASE.


    In this case the Appellant, who is described as a shop assistant, seeks to recover from the Respondent, who is an aerated water manufacturer, on the ground of his alleged negligence, £500 as damages for the injurious effects alleged to have been produced upon her by the presence of a snail in a bottle of ginger beer said to have been manufactured by the Respondent and ordered for the Appellant in a shop in Paisley by a friend of the Appellant, and of which the Appellant had drunk a small quantity before the snail floated out of the bottle.

    The Appellant's action, as originally begun, was directed against the Respondent alone, but before the Record had been closed the Appellant moved for and obtained leave to add as a defender Francis Minchella, in whose shop the ginger beer was bought, and who was sued on the ground of breach of contract.

    The Record was, thereafter, closed and a discussion took place in the Procedure Roll before Lord Moncrieff, Ordinary. At the end of this discussion the Appellant asked for, and was granted, time to consider her position.

    As the result of that consideration the Appellant, after some wavering of opinion, finally decided to drop the action as against Mr Minchella and to proceed with it as against the Respondent, and the action now stands as an action against the Respondent alone. The averments of the Appellant, as they now are, retain, however, traces of the metamorphoses through which the action has passed.

Respondent's Case Page 3