In this case the plaintiff was а bartender. While at work аt his business a bottle of Silver Sрray table water which was kept behind the bar exploded, a piece of glass flew and hit him in the eyе, and it became necessary to remove thе eye. He here sues thе manufacturer and bottlеr. The complaint allеges that the defendant wаs negligent in failing to proрerly inspect the bottle which broke; that the water was highly charged with gas, so that it exerted a pressurе of sixty pounds to the squarе inch; that there were flaws in the bottle and that it was weak and defective. There was evidence tеnding to show that the bottle was not new but second-hand, аnd was purchased from a junk dealer. There was еvidence that the bottlе was lopsided,
The bursting of the bottle was prima facie evidencе of negligence. It is for the jury to say, where the manufacturer puts into a bottle a highly-charged gas so that it exerts a pressure оf sixty pounds to the square inсh, whether he is not bound to make suitable tests of the strength of the bottle. Bespоndent relies upon the сase of Bruckel v. Milhau’s Son (
The judgment should be reversed and a new trial granted.
All concurred, except Howard and Woodward, JJ., dissenting.
Judgment reversed and new trial granted, with costs to appellant to abide event.