Jenkins v. Harvey C. Hines Company

Defendant assigns as error the denial of its motion, at the conclusion of all the evidence, for judgment of involuntary non-suit.

In Styers v. Bottling Co., 239 N.C. 504, 80 S.E. 2d 253, Parker, J., based on decisions cited, summarizes the legal principles pertinent to decision on this appeal as follows:

“It is well settled law in North Carolina that proof of injury caused by the explosion of a bottle containing a carbonated beverage, standing alone, is not sufficient to carry the case to the jury on the ground of actionable negligence. The principle of res ipsa loquitur is not applicable.…