Custer v. Atlantic & Pacific Tea Co.

CAYTON, Associate Judge.

This is an appeal from a judgment: which followed a verdict directed by the court on the opening statement pf plaintiff’s counsel. The infant plaintiff had sued for personal injuries resulting from the explosion of a bottle of carbonated beverage in one of defendant’s stores. The bottlers of the beverage, a Baltimore partnership, were named as defendants, but apparently could not be served with process and so were not before the court.

In his opening statement, counsel stated that the proof would show: That the plaintiff, then twenty months of age, accompanied by her…