EMPLOYERS' LIABILITY ASSURANCE CORP. v. THOMASSIE

No. 18527.

293 F.2d 110 (1961)

EMPLOYERS' LIABILITY ASSURANCE CORPORATION, Ltd., Appellant, v. Edmond J. THOMASSIE, Appellee.

United States Court of Appeals Fifth Circuit.

August 29, 1961.


Attorney(s) appearing for the Case

Robert E. Leake, Jr., Faris, Leake & Emmett, New Orleans, La., for appellant.

Bernard Titche, Jr., Stanley McDermott, Jr., Titche & McDermott, New Orleans, La., for appellee.

Before CAMERON and WISDOM, Circuit Judges, and THOMAS, District Judge.


CAMERON, Circuit Judge.

Appellee Thomassie brought this action against appellant Assurance Corporation to recover damages for injury to his eye occasioned by the explosion of a bottle of beer he was handling. The beer had been bottled by Jax Brewery, and appellant is its insurance carrier. The trial judge, sitting without a jury, concluded that the doctrine of res ipsa loquitur applied; and, largely on the authority of Ortego v. Nehi Bottling Works, 1942, 199...

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