Opinion
February 11, 1952.
Action to recover damages for personal injuries suffered when a bottle containing a beverage exploded. Order granting respondent's motion to take motion pictures of the manufacturing processes of appellant Pepsi Cola Metropolitan Bottling Co., Inc., modified by striking the words "motion pictures or" from the next to last ordering paragraph. As thus modified the order, insofar as appeal is taken, is affirmed, without costs. Under all the pertinent facts, it was an improvident exercise of discretion to grant the motion. Nolan, P.J., Johnston, Adel and Wenzel, JJ., concur; Carswell, J., concurs on the ground that the statute or rule does not authorize moving pictures to be taken.