DR. PEPPER BOTTLING COMPANY OF NEWPORT v. WHIDDEN

No. 5-1087.

296 S.W.2d 432 (1956)

DR. PEPPER BOTTLING COMPANY OF NEWPORT, Arkansas, Appellant, v. Luther WHIDDEN, as next friend of Von Dean Whidden, Appellee.

Supreme Court of Arkansas.

Rehearing Denied January 7, 1957.


Attorney(s) appearing for the Case

Williamson & Williamson, Mountain View and Kaneaster Hodges, Newport, for appellant.

Murphy & Arnold, Batesville, for appellee.


McFADDIN, Justice.

This case was tried before the Circuit Judge without a jury, and the plaintiff1 recovered a judgment for $3,000 for injuries claimed to have been received when a bottle of carbonated beverage exploded. The Trial Court stated:

"Since the Supreme Court of Arkansas positively and unequivocally stated that the res ipsa loquitur doctrine should be applied in the State of Arkansas in the Hicks

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