LORETO LUCIANO DE SALAS vs. SAN MIGUEL BREWERY CAR (Page-8)

"Injury complained of was the loss of plaintiffs left eye resulting
from the explosion of a bottle of Coca-Cola late in the afternoon of
September 10,1932. The bottle was contained in a case of Coca-Cola which
was delivered to a Bakery between 4 and 5 p.m. It left defendant's plant at
about 1:30 p.m. and was driven around the streets for several hours as per the
route of defendant's truck driver. Upon delivery, it was placed together with
several others, on floor of bakery, beside a cooler. The temperature during
that time was around 85 deg. Fahrenheit. Plaintiff together with some
friends, were in the bakery. One of plaintiff s companions lifted the bottle of
coke from the case and handed it to plaintiff with suggestion that he drop it
into the empty bottle of milk. Plaintiff turned the Coca-Cola bottled upside
down and inserted its neck into top of empty milk bottle, without bringing
the two bottles into contact and then handed it back to his companion. As his
companion placed the bottle back in its case, it exploded, scattering glass and
causing a silver of glass to enter plaintiffs left eye;"

and the Court, upon seeing the facts, absolved Coca-Cola Bottling,
reasoning:

"Defendant was not, under the circumstances, an insurer, and it was
not shown that there was any more reasonably practicable method of
inspection admittedly adopted by defendant. Suppose the bottle was
defective, a conclusion of negligence could not arise without some showing
that the defect could have been discovered by exercise of ordinary care."

and, it is seen again that the Court in this case said, "under the
circumstance' -, which means, on the basis of the facts, it is noted that in this
case, the victim seemed not only to have no contractual relation with Coca-
Cola Bottling but also played with the bottle.

3. In the case of Pfefferkon vs. Kanner (1937) 59 P. 2nd, 447, the
facts are as follows:

"A bottler of charged water sold some of its products to a retailer
from whom brother of plaintiff bought; while brother was carrying bottle, its
bottom flew out and a piece of glass struck plaintiff;"