Cusumano v. Stroh Brewery Co.

This is a negligence case arising out of the explosion of a Stroh’s beer bottle which allegedly caused considerable injury to the wrist of plaintiff, Josephine Cusumano. A jury trial was held in February 1969. At the close of the plaintiffs’ proofs, the defendant, without offering any evidence, rested. The defendant then moved for a directed verdict of no cause of action. This was granted on the basis that there had been no showing of negligence on the part of defendant. The plaintiffs have appealed.

In deciding a motion for a directed verdict the evidence and all legitimate inferences…