Daniel Ozark, Individually and as Next Friend for Dwain Ozark, a Minor v. Wichita Manor, Incorporated, and City of Wichita Falls, Texas

JOHN R. BROWN, Circuit Judge.

The sole question here is whether the Court erred in not giving suitable instructions to the jury on the theory of res ipsa loquitur. Without such instructions the jury on a general charge returned a general verdict for the defendants.

Dwain Ozark, then six years old, sustained severe injuries including the total loss of an eye when a one-half gallon glass milk bottle exploded. The evidence was such as to permit the jury to conclude that the bottle exploded, and that this occurred when the little boy, after putting the open neck of the bottle over an outside water…