Ortego v. Nehi Bottling Works

FOURNET, Justice.

This is a suit against the manufacturer of carbonated bottled beverages to recover damages for injuries sustained by the relators when a bottle of the manufactured product exploded, the proximate cause of the explosion allegedly being the negligence of the defendant company in placing excessive gas pressure in the bottle or in bottling the beverage in a defective bottle.

After every possible defensive avenue had been exhausted in an effort to avoid liability, the case was remanded to the lower court by the Court of Appeal for the Second Circuit, to be there tried on the merits…