Employers' Liability Assurance Corporation, Ltd. v. Edmond J. Thomassie

CAMERON, Circuit Judge.

Appellee Thomassie brought this action against appellant Assurance Corporation to recover damages for injury to his eye occasioned by the explosion of a bottle of beer he was handling. The beer had been bottled by Jax Brewery, and appellant is its insurance carrier. The trial judge, sitting without a jury, concluded that the doctrine of res ipsa loquitur applied; and, largely on the authority of Ortego v. Nehi Bottling Works, 1942, 199 La. 599, 6 So.2d 677, that appellee, plaintiff below, was entitled to recover. The amount of damages awarded is not challenged.

The…