Honea v. City Dairy, Inc.

I dissent. The facts in this case are clear. Plaintiff purchased milk from a dairy which bottled and sold it. The bottle broke in her hand without any act or omission on her part that could have been the cause of it. The doctrine of res ipsa loquitur is clearly applicable to such a ease.

The majority opinion concedes the factors necessary for the application of that rule. First, that the control of the defendant must be present when the alleged negligent act occurs, but need not be present when the injury occurs. Second, that “glass milk bottles, unless defective, do not ordinarily break.”…