Zieba v. Pepsi-Cola Co.

Appellate Division of the Supreme Court of New York

Zieba v. Pepsi-Cola Co.

262 A.D. 914, 28 N.Y.S.2d 822, 1941 N.Y. App. Div. LEXIS 6460

Appellate Division of the Supreme Court of the State of New York·Decided June 30, 1941·Published

Opinion

Action to recover damages for personal injuries caused by the explosion of a bottle of Pepsi-Cola. Judgment in favor of plaintiff reversed on the facts and a new trial granted, with costs to abide the event, on the ground that the determination as to defendant’s negligence is against the weight of the evidence. Lazansky, P. J., [915]*915Hagarty, Carswell and Close, JJ., concur; Johnston, J., concurs in the reversal of the judgment but dissents as to granting a new trial and votes to dismiss the complaint on the ground that there was no proof of negligence on the part of the defendant.

Free access — add to your briefcase to read the full text and ask questions with AI

Action to recover damages for personal injuries caused by the explosion of a bottle of Pepsi-Cola. Judgment in favor of plaintiff reversed on the facts and a new trial granted, with costs to abide the event, on the ground that the determination as to defendant’s negligence is against the weight of the evidence. Lazansky, P. J., [915]*915Hagarty, Carswell and Close, JJ., concur; Johnston, J., concurs in the reversal of the judgment but dissents as to granting a new trial and votes to dismiss the complaint on the ground that there was no proof of negligence on the part of the defendant.

Zieba v. Pepsi-Cola Co., 262 A.D. 914, 28 N.Y.S.2d 822, 1941 N.Y. App. Div. LEXIS 6460 (N.Y. Ct. App. 1941).

Pincite

262 A.D. 914 (Zieba v. Pepsi-Cola Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.