150 P.2d 436 (Cal. 1944)
The evidence revealed that a bottle of carbonated beverage broke in the waitress's hand. Immediately before the accident, the waitress had picked up a case of the beverages and set it upon a nearby cabinet near a refrigerator. She then proceeded to take the bottles from the case with her right hand, one at a time, and put them into the refrigerator. At trial, the waitress testified that the bottle exploded in her hand after she had placing the fourth bottle about 18 inches from the case.
- The court upheld the trial court's judgment.
- All of the requirements necessary to allow the waitress to rely on the doctrine of res ipsa loquitur, to supply an inference of negligence, were present.
- Although it was not clear whether the explosion was caused by an excessive charge or a defect in the glass, there was a sufficient showing that neither cause would ordinarily have been present if due care had been used.
- The company had exclusive control over both the charging and inspection of the bottles.
- The court noted that it was a question of fact for the jury as to whether the company produced evidence to rebut the inference of negligence that arose under the doctrine of res ipsa loquitur.
The court affirmed the trial court's judgment.
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