Weggeman v. Seven-Up Bottling Co.

1. Denial of judgment for plaintiff. Appellants’ first contention is that the trial court erred in refusing to grant their motion for judgment notwithstanding the verdict. It is argued that since defendant offered no evidence, both the principle res ipsa loquitur and the testimony in the record entitled plaintiffs to recover, and that in such a case it would be contrary to public policy to permit the judgment for the defendant to stand.

By the court’s instructions, the jury were permitted to infer from the fact of the explosion that the bottle was dangerously defective in manufacture when…