I concur in the conclusion of Mr. Justice Traynor that the instructions to the jury on the doctrine of res ipsa loquitur were prejudicially erroneous, but I do not agree with the rule of strict liability stated by him in Escola v. Coca Cola Bottling Co., 24 Cal.2d 453 [150 P.2d 436], and now reiterated.
For these reasons, I would reverse the judgment.
Appellant’s petition for a rehearing was denied March 28, 1949. Edmonds, J., voted for a rehearing.