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POULOS v. COCK 'N BULL BEVERAGE, INC.

No. 600.

487 P.2d 1350 (1971)

83 N.M. 45

George POULOS and Goldie Poulos, his wife, Plaintiffs-Appellants, v. COCK 'N BULL BEVERAGE, INC., and Ginger Beer Company, Defendants-Appellees, v. GLASS CONTAINERS CORPORATION et al., Third-Party Defendants.

Court of Appeals of New Mexico.

July 30, 1971.

Attorney(s) appearing for the Case

Stuart Hines, Albuquerque, for appellants.

Charles B. Larrabee, Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, for Cock 'N Bull Beverage, Inc.

Ranne B. Miller, Keleher & McLeod, Albuquerque, for Ginger Beer Company.

OPINION

HENDLEY, Judge.

Relying solely on the doctrine of res ipsa loquitur plaintiffs instituted this action for damages, loss of wages and doctor and hospital bills based on injuries to the wife caused by an exploding bottle. The trademark of defendant, Cock 'N Bull Beverage, Inc., and the trade name of defendant Ginger Beer Company appeared on the label and on the cap of the bottle that exploded. No other names appeared on the bottle. Subsequently, defendant...

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