Lundquist v. Coca Cola Bottling Inc.

Plaintiff is a bus driver for the Seattle Transit Company. On June 2, 1951, he was twenty-five years of age, and in good health. He slept well, had a good appetite, and was never troubled with nausea.

On the day in question, plaintiff reported for work at the Seattle bus terminal, and went into the room provided for bus drivers, which contained a ping-pong table, a pool table, and a Coca Cola vending machine owned and operated by defendant. He inserted a coin in the vending machine and obtained a bottle of Coca Cola. He testified:

“I opened it [the bottle of Coca Cola] and took a swallow. I…