BORNSTEIN v. METROPOLITAN BOTTLING CO., INC.


26 N.J. 263 (1958)

139 A.2d 404

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

The Supreme Court of New Jersey.

Decided March 3, 1958.


Attorney(s) appearing for the Case

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

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


The opinion of the court was delivered by HEHER, J.

The Appellate Division of the Superior Court affirmed a judgment for plaintiffs entered on a jury verdict in the Law Division of the court in an action in tort against the defendant Metropolitan Bottling Company, Inc. for negligence in "bottling and dispensing" beverages, one "under the trade name of `Pepsi-Cola,'" whereby "one of the bottles under the control of the defendant...

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