LORETO LUCIANO DE SALAS vs. SAN MIGUEL BREWERY CAR (Page-14)

.breakage. The cause of this phenomenon is that glass is in a high degree
inelastic. When hot water is put into a tumbler it quickly raises the
temperature of that portion of the glass with which it is in contact and causes
expansion, while the outer surface of the tumbler remains unaffected. If the
expansion of the inner surface proceeds beyond the degree of elasticity,
breakage must occur. Where the glass is thin, changes of temperature, either
from within or from without, pervade almost immediately the whole
substance of the glass and thus breakages from the cause are rarer. In the
present case, the proof shows that the bottle in question was placed in the
refrigerator immediately under the ice box, which was very copiously
supplied with ice. It may easily be assumed that the bottle was at a low
pressure. On the other hand, the day was warm and when the refrigerator
door was opened, air of a much higher temperature would come in contact
with the bottles and would raise the temperature of the outer surface of the
glass, while the inside was kept cold by the liquid within the law of nature
above referred to had its effect... It (the law) recognizes facts as being
caused by inevitable accident, and it relieves from responsibility when such
has been the case... In consequence, I am of the opinion that the accident, if
not due to the imprudence of the plaintiff in cooling the bottle too much and
then exposing it to a current of warm air, was due to an inevitable accident
for which defendant is not liable." "Guinea et al. vs. Campbell 22 Quebec
Law Rep. 257, per Archibald, J., cited in Wheeler vs. Laurel, supra;

But an examination of this reasoning does not indicate that it did not take into account
the possible sudden rise in the pressure of the contents, after some time that they had been
bottled; the statement of the chemist, Gutierrez, under cross-examination, should be
remebered:

"Q. - Is it not possible that the internal pressure of beer - added to it
the effect of the alcoholic content, although negligible according to you, will
not strain the bottle as to induce the explosion of the bottle?

Atty. Canlas: That is a wrong hypothesis, Your Honor.

Court: The witness may answer.

A, — As I said before, the alcoholic content might to a negligible
amount increase the pressure, but that is very little. That will be the only
effect. But if it is added to the amount of pressure that was exerted by the
carbon dioxide, if that negligible amount will be the determining factor, it
may cause the explosion." tsn. 250, Maglalang;

And the common phenomenon that gases are produced by fermentation; besides if the
alluded reasoning must be accepted, since only one of the bottles in the junior cooler
exploded, when there is a sudden change of temperature should it affect all of them? Thus, it