Lindenauer v. State

Claimant sustained personal injuries when a bottle containing “ Saratoga Geyser Water ” exploded as she removed it from a shelf in a self-service supermarket: Portions of glass recovered after the explosion established that the container bore the legend “ Bottled by the State of New York.” No claim was made against the retailer, distributor or any other party; nor did claimant attempt to prove any specific acts of negligence. She relied totally on the theory of res ipsa loquitur to affix liability for her injuries and damages on the State. Proof was offered at the trial to show that the…