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Taylor v. Berner

Decided: May 19, 1930.

CHARLES J. TAYLOR, RESPONDENT,
v.
HARRY BERNER, TRADING AS MUTUAL MINERAL WATER WORKS, APPELLANT; SUSIE TAYLOR, RESPONDENT, V. HARRY BERNER, TRADING AS MUTUAL MINERAL WATER WORKS, APPELLANT



On appeal from the Supreme Court, whose per curiam is printed in 7 N.J. Mis. R. 597.

For the appellant, John W. Ockford.

For the respondents, Abraham Levitan.

Campbell

The opinion of the court was delivered by

CAMPBELL, J. These are appeals from judgments of the Supreme Court affirming judgments of the Second District Court of Jersey City in favor of the respondents. The action was for personal injuries, &c., to the respondent Susie Taylor caused by the explosion of a bottle of vichy.

The other respondent is the husband of Susie Taylor, who was a maid in an apartment in New York City. In taking the bottle from the case or box in which it had been delivered the bottle exploded resulting in the injuries to respondent.

The appellant was the manufacturer of the vichy who furnished, charged and delivered the bottle in question.

Both respondents have judgments in the District Court: Susie Taylor for $500 and her husband, Charles J. Taylor, for $70.

Upon appeal the Supreme Court affirmed the judgments holding that, upon the question of negligence involved, the doctrine of res ipsa loquitur applied. In this we concur.

Certain alleged errors in the charge of the trial court were urged in the Supreme Court and that court found that as no specific part of the charge was brought up by proper exception, there was nothing in that respect properly before it. Our examination of the exceptions taken to the charge and of the grounds of appeal leads us to the conclusion that the Supreme Court was in error in this respect.

The first instruction complained of is that relating to the recovery of the ...


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