ROYAL CROWN BOTTLING CO. v. TERRY

No. 5-4774.

437 S.W.2d 474 (1969)

ROYAL CROWN BOTTLING CO., Inc., Appellant, v. James A. TERRY, III, Appellee.

Supreme Court of Arkansas.

Rehearing Denied March 17, 1969.


Attorney(s) appearing for the Case

Wright, Lindsey & Jennings, Little Rock, for appellant.

McMath, Leatherman, Woods & Youngdahl, Little Rock, for appellee.


HOLT, Justice.

This is an exploding bottle case. The appellee suffered injury to an eye which resulted in its removal. The injury occurred while appellee, an employee of a grocery store, was handling a six-pack carton of Royal Crown Cola bottles.

Appellee filed a complaint alleging specific acts of negligence and, alternately, negligence on the theory of res ipsa loquitur. In a separate complaint appellee alleged breach of warranty. Appellant's answers raised...

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