Texas Supreme Court
Robert Honea, by Next Friend v. Coca Cola Bottling Company.
November 29, 1944143 Tex. 272
Summary
The Texas Supreme Court reversed the lower courts and remanded for a new trial, holding that res ipsa loquitur may apply to an exploding bottle after it leaves the manufacturer’s control if the plaintiff shows he handled it with ordinary care, that evidence of the defendant’s customary handling practices is admissible, and that testimony about alleged instructions from the defendant’s drivers is inadmissible as hearsay.