Eisenbeiss v. Payne

PHELPS, Superior Judge.

On the evening of February 6, 1931, the plaintiff, appellee herein, purchased from one Gunner Johnson in Bisbee, Arizona, a bottle of Coca-Cola alleged to have been bottled by defendant A. J. Eisenbeiss, doing business under the firm name and style of Cochise Coca-Cola Bottling Works, appellant, and after drinking from the bottle a portion of the contents thereof, and noticing that it did not taste right, discovered the skeleton of a mouse in the beverage yet remaining in the bottle. He thereafter instituted an action in the superior court of Cochise county seeking to…