Styers v. Winston Coca-Cola Bottling Co.

The defendant’s first assignment of error is to the denial of its motion for judgment of nonsuit. The plaintiff’s action is based on allegations of negligence, and this assignment of error presents the question whether sufficient evidence of actionable negligence on the part of the defendant was offered to carry the case to the jury.

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…