Legal Opinion

Tennebaum v. Pendergast

Court of Common Pleas of Ohio, Franklin County, Civil Division

Decided February 11, 1947No. 171026PublishedCited by 2 opinions

1Opinion of the Court

OPINION

By GESSAMAN, J.

Heard on motion of defendant to strike the two specifiea*196tions of negligence contained in the second cause of action of the petition.

The plaintiff alleges that she was injured by broken glass as the result of an explosion of a bottle of Royal Crown Cola. The two specifications of negligence are that,

“1. The defendant used a defective bottle not strong enough to withstand the gas pressure which the defendant put into said bottle in bottling said product.
“2. The defendant placed an amount of gas pressure into the said glass bottle which was too great for the strength of the…

2Cases cited3 opinions

  1. White Sewing MacHine Co. v. FeiselOhio Court of Appeals · 1927
  2. Gilbride v. James Leffel & Co.Ohio Court of Appeals · 1942
  3. Male v. Colgate Palm Olive Co.Ohio Court of Appeals · 1932

3Cited by2 opinions

  1. Canada Dry Bottling Company of Florida v. ShawDistrict Court of Appeal of Florida · 1960
  2. DiVello v. Gardner Machine Co.Cuyahoga County Common Pleas Court · 1951

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