Bottle of ginger beer bought from retailer. Bottle containing dead snail. Purchaser poisoned by drinking contents. Liability of manufacturer to consumer. Mrs. Donoghue and her friend went to a shop occupied by Francis Minchella, Paisley where the friend purchased ice cream, and ginger beer suitable to be used with the ice cream as an iced drink. for Mrs. Donoghue to drink. Mrs. Donoghue had no direct or indirect claim against the manufacturer because she did not purchase the product. The ginger beer was contained in an opaque bottle that prevented the contents from being viewed clearly. Mrs. Donoghue consumed some of the product after which the decomposed remains of a snail emerged from the bottle when the remaining ginger beer was poured into her glass. She sought damages against the manufacturer, Stevenson, from the resulting nervous shock and gastro-enteritis, which she claimed was caused through the incident. .
The trial judge found that the plaintiff could bring an action. The Court of Appeal overturned this decision
