Stolle v. Anheuser-Busch
Decision Date | 19 March 1925 |
Docket Number | No. 24652.,24652. |
Citation | 271 S.W. 497 |
Parties | STOLLE v. ANHEUSER-BUSCH, Inc. |
Court | Missouri Supreme Court |
Appeal from St. Louis Circuit Court; Frank Landwehr, Judge.
Action by Henry J. Stolle against Anheuser-Busch, Inc. Judgment for defendant, and plaintiff appeals. Reversed and remanded, with directions.
Hall & Dame and J. B. Garber, all of St. Louis, for appellant.
Nagel & Kirby and Everett Paul Griffin, all of St. Louis, for respondent.
This is an action by plaintiff for loss of the services of his wife and medical and other expenses incurred as a result of personal injuries to her caused by the explosion of a bottle of "Budweiser," manufactured and bottled by the defendant, to his damage in the sum of $10,000. The court sustained a demurrer to the petition. Plaintiff declining to plead further, judgment was rendered for the defendant and plaintiff appealed.
Appellant contends that the petition stated a cause of action and that the court erred in sustaining the demurrer. The petition is, in part, as follows:
The petition then pleads the injuries inflicted and special damages sustained by plaintiff.
The respondent's contentions in support of the action of the court in sustaining the demurrer are, so far as need be noted: (1) The petition states conclusions as to vital matters without stating the facts on which the conclusions are based, and is demurrable; (2) there was no privity of contract between the parties; and (3) the doctrine of res ipsa loquitur has no application to the facts in the case at bar.
1. The petition alleges that the bottle would not have exploded if due care had been used by the defendant; that all the facts and circumstances concerning the manufacture of the beverage and bottle were exclusively within the knowledge of the defendant and not within the knowledge of plaintiff. "Less particularity is required when the facts lie more in the knowledge of the opposite party." Bliss on Code Pleading (3d Ed.) §§ 310 and 310a, where pertinent illustrations are given. The petition charges general negligence and, in the circumstances admitted by the demurrer, is sufficient.
2. The defendant's responsibility rests not on contract but in tort, "and therefore the contention as to want of contractual relation is wholly irrelevant." Waters-Pierce Oil Co. v. Desselms, 212 U. S. 159, 178, 29 S. Ct. 270, 276 (53 L. Ed. 453); Wellington v. Oil Co., 104 Mass. 64; Weiser v. Holzman, 33 Wash. 87, 73 P. 797, 99 Am. St. Rep. 932, and cases cited.
3. Much diversity of opinion exists as to whether the doctrine of res ipsa loquitur applies to a case of this character. Among the cases cited by respondent are the following:
Russell v. Ry. Co. (Springfield Court of Appeals) 245 S. W. 590. In that case plaintiff was employed by the defendant to go in the firebox of an engine to make repairs. The defendant installed an electric light in the firebox to enable plaintiff to see. The bulb exploded, and some parts were driven into plaintiff's eye. On page 591, Judge Cox said:
"There is no allegation that defendant manufactured and supplied its own light bulbs and the electricity to produce the light, or that an explosion would not occur without some negligence in the use of the bulb and electricity or in the faulty construction of the bulb."
The case is an authority against respondent's contention.
In Guinea v. Campbell, 22 Quebec Superior Court, 257, a bottle of cream soda manufactured and sold by defendant bursted, inflicting injuries on plaintiff's child. The defendant made a showing which, in the opinion of the judge, exonerated him. The headnote concludes:
"The extent of obligation of persons selling gaseous waters, as to the receptacles which contain them is to take every reasonable precaution that such receptacles shall be sufficient for the purpose."
This case lends no support to defendant's contention.
In Stone v. Van Noy R. R. News Co., 153 Ky. 240, 154 S. W. 1092, it was held that the bursting of a pop bottle afforded no presumption that it was defective or overcharged.
Other cases relied on by respondent are found in the annotations to Chiles v. Ft. Smith Comm. Co. (139 Ark. 489, 216 S. W. 11) 8 A. L. R. 493. On page 502, the learned editor says:
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