Evangelio v. Metropolitan Bottling Co. Inc.

The declaration in this action of tort contains two counts. In the first count Olga E. Evangelio, hereinafter called the plaintiff, seeks to recover for injuries she sustained by the explosion of a bottle of carbonated beverage alleged to have been negligently manufactured by the defendant; in the second count the plaintiff’s husband sues for consequential damages.

Findings of an auditor, to whom the case was referred under the usual rule, include the following: The defendant was engaged in the business of manufacturing and distributing a carbonated beverage called Pepsi-Cola. In the sale and…