Rodin v. American Can Co.

A judgment of nonsuit in favor of all defendants based upon plaintiffs’ opening statement was entered. Plaintiffs appeal.

Questions Presented

1. Did the opening statement show a cause of action against either defendant: (a) For negligence? Corollary to this question—was res ipsa loquitur applicable ? (b) For violation of express rules of law?

2. Did the trial court abuse its discretion in denying plaintiffs’ request to enlarge upon the opening statement?

Record

Each plaintiff brought an action against all defendants for personal injuries predicated, in a first count, on defendants’ alleged…