Zellmer

This case is before us on appeal from an order of dismissal entered1 on the ground that the claims here asserted were barred for failure to commence the action within one year from the date on which such alleged causes of action accrued.

The essential facts alleged are: Mary Zellmer, appellant, and her husband, Orval Zellmer, citizens and residents of the State of Nevada, each consumed while in Nevada part of the contents of a purchased bottle of beer manufactured and distributed by the Acme Brewing Company, a California corporation, whereupon they discovered that the 'bottle contained a dead mouse. Very soon1 after the consumption of the beer each of them became violently ill, and approximately three months later Orval Zellmer died allegedly as a result thereof.

About one year and five months after the death of her husband, Mary Zfellmer commenced this diversity action against the Acme Brewing Company in the United States District Court for. the Northern District of California, seeking to recover damages of over $3,000.00 on each of the two cláims which are' pleaded as three" claims. As administratrix of the estate of her husband, Mary Zellmer asked general and special damages…