SCOTT v. OSCAR EWING DAIRY COMPANY


317 S.W.2d 477 (1958)

Earl McClain SCOTT et al., Appellants, v. OSCAR EWING DAIRY COMPANY, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied November 28, 1958.


Attorney(s) appearing for the Case

Harry S. McAlphin, Louisville, for appellants.

Kent McElwain and McElwain, Dinning, Clarke & Winstead, Louisville, for appellee.


SIMS, Judge.

Earl McClain Scott, a twelve-year-old boy, lost the sight of his right eye as the result of the explosion of a bottle in which he and a young companion had put some "dry ice" and water. He brought action for damages against the Oscar Ewing Dairy Company, alleging that employes of the company had negligently made dry ice available to the children in the neighborhood. At the conclusion of the plaintiff's opening statement to the jury the court directed...

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