Appendix Page 3 et seq. - Lord Moncrieff Opinion, Outer House

1.—OPINION OF LORD MONCRIEFF, delivered when giving Judgment on 27th June 1930

    On 26th August 1928 the pursuer was served in a café in Paisley with, inter alia, a bottle of ginger-beer. The ginger-beer was supplied to her on an order which was given on her behalf by a third party, but the defender made no point upon this in his argument. The bottle containing the ginger-beer was made of dark opaque glass, and the pursuer observed nothing which made her suspicious of the contents. After she had drunk some of the ginger-beer and was pouring the rest of it into the glass the body of a snail in a state of decomposition emerged from the bottle. The pursuer was shocked at the sight, and, after suffering from sickness and nausea, contracted gastroenteritis, which she avers to have been induced by the infected ginger-beer which she had swallowed. For these injuries she claims to be entitled to reparation.

    In her action, as amended, the pursuer has called as sole defender the manufacturer of the infected ginger-beer. She makes averments against the defender of various acts of negligence in manufacture for which she charges him with responsibility. She charges him, inter alia, with failure to provide system of working his business which included the