Bornstein v. Metropolitan Bottling Co., Inc.

The opinion of the court was delivered by

Hehek, J.

The Appellate Division of the Superior Court affirmed a judgment for plaintiffs entered on a jury verdict in the Law Division of the court in an action in tort against the defendant Metropolitan Bottling Company, Inc. for neg*266ligen.ee in “bottling and dispensing” beverages, one “under the trade name of Tepsi-Cola,’ ” whereby “one of the bottles under the control of the defendant exploded” and destroyed the infant plaintiff’s right eye. The case is here by our certification on defendant’s motion.

Error is assigned on the holding of the Appellate…