Opinion
November 15, 1943.
The action is to recover damages for personal injuries. While plaintiff was uncapping a bottle of Pepsi Cola, the bottle broke, his thumb came in contact with the jagged edge of the neck of the bottle, and he was injured. Plaintiff sued the manufacturer of the bottle, the bottler, the distributor and the retailers. During the trial the action was discontinued as to the manufacturer and the complaint dismissed as to the distributor. The jury rendered a verdict in favor of the retailers and in favor of the plaintiff against the bottler, and the latter appeals. Judgment, insofar as appealed from, reversed on the law and the facts, with costs, and the complaint dismissed on the law, with costs. There is no proof that the bottle was defective, nor was there any actionable negligence shown on the part of the appellant. Close, P.J., Hagarty, Johnston, Adel and Lewis, JJ., concur.