LORETO LUCIANO DE SALAS vs. SAN MIGUEL BREWERY CAR (Page-3)

in the first issue that Loreto has in her favor the preponderance, unless on the other hand the
theory of the Lower Court will be accepted:

"We can surmise that after the plaintiff lifted with one hand the lid of
the cooler, she picked up the small ice block with another, she might have
slipped the same from her hand, either because it was slippery or it was
heavy, which might have struck one of the six (6) Pale Pilsen beer bottles,
causing its explosion." (Decision, p. 6)

which being simply a conjecture, it is difficult to accept, and besides, as argued
correctly by the counsel of the appellant in her brief, which stated that;

"** it could not have exploded, with its parts flown away. It must
have only broken into two or three pieces if at all without having its broken
parts strewn upwards and far with force. For the force which caused its
breaking came from without. In the instant case, the splinters flew strong -
some upwards - and far." Brief of appellant, p. 8;

true that the Lower Court gave another reason in support of its opinion, saying:

"We have another reason in not accepting the version on the
explosion of the bottle, mentioned above. Had the six (6) bottles of the Pale
Pilsen beer been friable, like the one that exploded, all of them should have
burst, which in the instant case, did not happen;" Decision, p. 6;

but, this reasoning appears to have been answered in the very questions of the Lower
Court to the witness of San Miguel, Mr. Miguel Unson:

"Questions of the Court:

Q - Do you admit that the bottles manufactured by the San Miguel
Brewery Glass Factory do not all have the same strength?

A - No, Your Honor, I would say that from the point of view of
statistics, it is impossible to have identical bottles anywhere in the world,
whether they be made in the San Miguel Glass Factory or in the Owens
(Illinois) Glass Factory, which is the biggest manufacturer of bottles.

Q - Although it is not quite probable for some bottles containing Pale
Pilsen beer inside a cooler for about four or five days or one week to
explode, don't you believe that at least one might explode? Because you
agree with the court that nobody can be sure that one bottle which was
subjected to the process you have already described cannot have the same
strength as the other bottles which also passed the same process.