Kees v. Canada Dry Ginger Ale

[1] This is an action for personal injuries resulting from the explosion of a bottle of Canada Dry Sparkling Water. At the conclusion of plaintiff's evidence the court sustained defendant's motion for a directed verdict, from which plaintiff appealed.

[2] This is the second appeal in this case. Kees v. Canada Dry Ginger Ale, Inc., 239 Mo.App. 1080, 199 S.W.2d 76. On the prior appeal we reviewed the evidence at length and held that a submissible case was not made. Consequently the judgment was reversed and the cause remanded.

[3] Plaintiff concedes that the evidence at the second trial is…