Miller v. Schlitz Brewing Co.

[110]

DORAN, J.

As recited in appellant’s brief, “This is an action brought by Helen Miller against Schlitz Brewing Company, a corporation, and Associated Brewers Distributing Company, a corporation, to recover for personal injuries.

“Helen Miller sought relief in the amount of twenty-six thousand six hundred sixty dollars ($26,660.00) as compensation for her medical bills, wages lost and damage to her person. In her complaint she charged the co-defendants with negligence in packing a case of beer so that plaintiff was injured when, in the course of her employment, she opened the case and cut her finger on a broken bottle contained therein.

‘ ‘ Each defendant denied the allegation of negligence, issues were formed, and the case was set for trial.

“At the trial, the plaintiff introduced into evidence the testimony of two witnesses which tended to prove the following facts: The plaintiff was employed by the Blue Pacific Cafe in the City of Long Beach, and that on April 21, 1954 a delivery of beer was made by the ‘Schlitz man’ to the cafe, which plaintiff received and paid for. She was the only one present in the cafe at the time, and obtained a receipt from defendant Associated Brewers Distributing Company.

“Five days later, on April 26, 1954, while plaintiff was moving beer bottles from the case into the cooler, she picked up the bottle which caused her injury. The bottle was in the case, and was broken, so that the top part of the bottle came off in her hand, and the bottom part remained in the case. One witness was present at the time, and testified to the fact that plaintiff was injured by the broken bottle.

“Plaintiff testified that the case which contained the broken bottle was made of paper pasteboard, and that it was in the same place as it had been when delivered. It was the top case in a stack of three cases. The case was sealed when delivered, and remained sealed until plaintiff opened it to remove the bottles at the time of the accident. She didn’t move the case at that time, but merely opened it.

“At the conclusion of plaintiff’s evidence, the defendants each moved the Court to grant a nonsuit, and each motion was granted, and a nonsuit entered against the plaintiff.