Scott v. Oscar Ewing Dairy Co.

SIMS, Judge.

Earl McClain Scott, a twelve-year-old boy, lost the sight of his right eye as the result of the explosion of a bottle in which he and a young companion had put some ■“dry ice” and water. He brought action for damages against the Oscar Ewing Dairy Company, alleging that employes of the company had negligently made dry ice available to the children in the neighborhood. At the conclusion of the plaintiff’s opening statement to the jury the court •directed a verdict for the defendant. The plaintiff has appealed from the judgment •entered on that verdict.

The opening statement asserted…