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SMITH v. COCA COLA BOTTLING CO.

No. 4152.

97 N.H. 522 (1952)

WILLIAM C. SMITH v. COCA COLA BOTTLING CO.

Supreme Court of New Hampshire.

December 2, 1952.

Attorney(s) appearing for the Case

Frederic W. Harrington, Jr. and Francis P. Edes (Mr. Harrington orally), for the plaintiff.

Nighswander & Lord and Hugh H. Bownes (Mr. Bownes orally), for the defendant.

LAMPRON, J.

The conditions usually stated as necessary for the application of the principle of res ipsa loquitur are: (1) the accident must be of a kind which ordinarily does not occur in the absence of someone's negligence; (2) it must be caused by an agency or instrumentality within the exclusive control of the defendant; (3) it must not have been due to any voluntary action or contribution on the part of the plaintiff...

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