JUDGEMENT OF ANNAN J.
The plaintiff, a barrister-at-law, claims from the defendants general damages by reason of the negligence of and breach of duty of the defendants in failing to take adequate precautions in the manufacture of their product, Club beer, so as to prevent any injurious or deleterious substances being contained in the beer. The defendants are brewers of the brand of beer known as Club beer. The plaintiff states in his claim that on or about 24 April 1965 he purchased from a retailer in Kumasi a carton of Club beer manufactured by the defendants. On or about 26 April 1965 the plaintiff consumed some of the beer and later found that it contained some kerosene. The plaintiff sustained injuries. The plaintiff states that the injuries were occasioned by reason of the negligence and breach of duty of the defendants. Particulars of the negligence were:
"(a) Manufacturing and selling the said beer when defendants knew or ought to have known that the same contained extraneous or deleterious substances, the consumption of which would cause damage or injury to the consumer.
(b) Failing to take any or adequate or necessary precautions in the manufacture of the said Club beer so as to prevent any injurious or deleterious substances being contained therein.
(c) Permitting the said Club beer to contain injurious or deleterious substances.
[p.9]
(d) Failing to take any or adequate measures whether by way of examination, inspection, test or otherwise to ensure that no beer manufactured or sold by them contained any injurious or deleterious substances."
There is no claim for special damage.
The defendants in their statement of defence deny the allegation of negligence in the plaintiff 's statement of claim or any negligence at all and aver that their factory and system of washing are fool-proof, and that there is adequate and efficient supervision of the employees at their factory. They also do not admit or deny that the plaintiff suffered injuries after he had consumed the beer and said that even if such injury was suffered this was not due to the presence of kerosene in the beer.
The issues settled for trial are:
(a) Whether or not the plaintiff consumed a bottle of Club beer contaminated with kerosene.
(b) Whether or not the plaintiff after consuming the beer suffered injuries as a result of the presence of kerosene in the beer.
(c) Whether the defendants were negligent or were in breach of their duty.
(d) Whether the defendants had a fool-
