University of California, Hastings College of the Law UC Hastings Scholarship Repository Opinions The onorH able Roger J. Traynor Collection 2-28-1949 Gordon v. Aztec Brewing Company Roger J. Traynor Follow this and additional works at: http://repository.uchastings.edu/traynor_opinions Recommended Citation Roger J. Traynor, Gordon v. Aztec Brewing Company 33 Cal.2d 514 (1949). Available at: http://repository.uchastings.edu/traynor_opinions/288 This Opinion is brought to you for free and open access by the The onorH able Roger J. Traynor Collection at UC Hastings Scholarship Repository. It has been accepted for inclusion in Opinions by an authorized administrator of UC Hastings Scholarship Repository. For more information, please contact
[email protected]. [L.A. No. 20183. In Bank. Feb. 28. 1949.] JACK GORDON, R.e.<;pondent, v. AZTEC BREWING COMPANY (a Corporation),. Appellant. [IJ Negligence-Res Ipsa Loquitur-Bursting of Bottle.-Wbere a bottle containing liquid under pressure explodes causing injury, the person injured is entitled to the benefit of the doctrine of res ipsa loquitur to supply an inference that the bottler was negligt'nt, either in excessively charging the liquid or in fniling to discover a flaw in the bottle, if it is probable under the evidence that· it was negligent in either respect. [2] Id.-lnstructionB-Res Ipsa Loquitur.-In a purchaser's action against a bottling conlpany for personal injuries sustained when a bottle of beverage exploded, an instruction on res ipsa loquitur was warranted where the evidence tended to show that defendant was negligent in failing to make any of the standard tests for the detection of flaws in the bottlea it distributed.