Plaintiff was engaged in selling bottled beverages at a roadside stand. While she was attending to her duties, a bottle filled with carbonated soda pop exploded, throwing glass particles into her eye and eventually causing the loss of sight. Plaintiff proved that the bottle was defective, that proper inspection would have revealed the defect, and that neither the bottle manufacturer nor the bottler had made proper inspection. Held, both the manufacturer and the bottler are liable to plaintiff for injuries sustained. Smith v. Peerless Glass Co., 251 N. Y. S. 708 (1931).

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