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BORNSTEIN EX REL. BORNSTEIN v. METROPOLITAN BOTTLING CO.

45 N.J. Super. 365 (1957)

132 A.2d 825

JEROLD BORNSTEIN, AN INFANT, BY HIS GUARDIAN AD LITEM, SIDNEY BORNSTEIN, AND SIDNEY BORNSTEIN, INDIVIDUALLY, PLAINTIFFS-RESPONDENTS, v. METROPOLITAN BOTTLING COMPANY, INC., A CORPORATION, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 17, 1957.

Attorney(s) appearing for the Case

Mr. James J. Langan argued the cause for defendant-appellant (Messrs. Emory, Langan, Lamb & Blake, attorneys).

Mr. William A. Davenport argued the cause for plaintiffs-respondents.

Before Judges GOLDMANN, FREUND and CONFORD.

The opinion of the court was delivered by CONFORD, J.A.D.

This is an action for damages for the loss of the sight of an eye of the infant plaintiff and consequential damages of the other plaintiff, his father, resulting from the explosion of a Pepsi-Cola bottle allegedly caused by the negligence of the defendant in bottling the carbonated beverage. Plaintiffs had a verdict at the hands of a jury in the Law Division...

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