Pittsburg Coca-Cola Bottling Works of Pittsburg, Texas, Petitioner v. Mrs. Cuma Ponder, Respondent

Summary

The Texas Supreme Court reversed the trial court and Court of Civil Appeals judgments, holding that the special issues and instructions on strict liability and res ipsa loquitur were improper and remanding for a new trial. The Court affirmed that strict liability applies to bottlers and that the plaintiff's testimony could support an inference the bottle was defective when delivered.