Dr. Pepper Bottling Co. v. Harris

Felton, Chief Judge.

1. The court erred in overruling the defendant’s motion for a judgment n.o.v. and its motion for a new trial on the general grounds. The one question on these rulings is whether the evidence is sufficient to bring into play the maxim of res ipsa loquitur under the guide lines and standard set forth in Macon Coca-Cola Bottling Co. v. Chancey, 216 Ga. 61 (114 SE2d 517). A comparison of the evidence in that case and in this one leaves the answer crystal clear. In Chancey it is established that in a case such as this, where one obtains a bottled beverage from a cooler or…