Cashwell v. Fayetteville Pepsi-Cola Bottling Works
Supreme Court of North Carolina
Appeal by defendant from Lyon, J., at March Term, 1917, of Samp-SON.
1Opinion of the CourtWalker, J.
The plaintiff sued for personal injuries caused by the bursting of a pepsi-cola bottle, sold to him by defendant, which he was handling in his business as a storekeeper. He alleged that the explosion was caused by the defendant’s negligence. There was evidence tending to show that while the plaintiff was placing some of the bottles taken from a crate on the shelves of his store, one of the bottles burst, or exploded, and so injured his eye that he lost the sight of it.
The plaintiff insisted that the mere fact of the explosion is sufficient • to carry the case to the jury, under the doctrine…
2Cases cited18 opinions
- Aycock v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1883
- Stewart v. Carpet Co.Supreme Court of North Carolina · 1905
- Womble v. . Grocery Co.Supreme Court of North Carolina · 1904
- Dail v. TaylorSupreme Court of North Carolina · 1909
- Ross v. Cotton Mills.Supreme Court of North Carolina · 1905
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3Cited by58 opinions
- Webb v. Brown & Williamson Tobacco Co.West Virginia Supreme Court · 1939
- Penn v. Inferno Manufacturing CorporationLouisiana Court of Appeal · 1967
- Stolle v. Anheuser-Busch Inc.Supreme Court of Missouri · 1925
- King Hardware Co. v. EnnisCourt of Appeals of Georgia · 1929
- State v. AustinSupreme Court of North Carolina · 1987
53 more not listed; retrieve them via the Exa API.