Grant v. Graham Chero-Cola Bottling Co.
Supreme Court of North Carolina
Appeal by plaintiff from Bond, J., at May Term, 1918, of AlamaNCE. This was an. action for damages sustained from an injury causing tbe loss of an eye. Tbe plaintiff alleged tbat tbe defendant sold him bottles containing ginger ale, “wbicb, on account of tbe excessive pressure of gas or by reason of some defect in tbe bottle, were dangerous, as aforesaid, and likely to explode and to cause injury to any person handling them or being near them.”
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Appeal by plaintiff from Bond, J., at May Term, 1918, of AlamaNCE. This was an. action for damages sustained from an injury causing tbe loss of an eye. Tbe plaintiff alleged tbat tbe defendant sold him bottles containing ginger ale, “wbicb, on account of tbe excessive pressure of gas or by reason of some defect in tbe bottle, were dangerous, as aforesaid, and likely to explode and to cause injury to any person handling them or being near them.” Tbe defendant’s answer denied all negligence, and averred tbat in bottling tbe beverage sold to tbe plaintiff it bad used bigb-class, standard…
1Opinion of the Court
. Clark, C. J.
We need not consider more than one exception, since that goes to the whole trial, and, if erroneous, requires that the matter shall be again submitted to the jury under proper instructions. The court instructed the jury that if they found that “The defendant company used in its business appliances in approved and general use, with competent and sufficient workmen, and put in such drink only that quantity of gas pressure generally and at all times put in similar drinks by reasonably prudent and careful bottlers putting up such drinks, and also used that degree of care in…
2Cases cited8 opinions
- Waters-Pierce Oil Co. v. DeselmsSupreme Court of the United States · 1909
- Wellington v. Downer Kerosene Oil Co.Massachusetts Supreme Judicial Court · 1870
- Hicks v. . Manufacturing Co.Supreme Court of North Carolina · 1905
- Cashwell v. Fayetteville Pepsi-Cola Bottling WorksSupreme Court of North Carolina · 1917
- State v. PattonSupreme Court of North Carolina · 1963
3 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Evangelio v. Metropolitan Bottling Co. Inc.Massachusetts Supreme Judicial Court · 1959
- Penn v. Inferno Manufacturing CorporationLouisiana Court of Appeal · 1967
- Stolle v. Anheuser-Busch Inc.Supreme Court of Missouri · 1925
- Enloe v. Charlotte Coca-Cola Bottling Co.Supreme Court of North Carolina · 1935
- Perry v. Kelford Coca-Cola Bottling Co.Supreme Court of North Carolina · 1928
36 more not listed; retrieve them via the Exa API.