Nigro v. Coca Cola Bottling, Inc.

Only one question is presented, and that is whether the plaintiff established a cause of action.

The plaintiff proved that a bottle of Coca Cola taken from a vending machine at the United States naval station located at Tacoma, Washington, contained foreign matter which caused him to regurgitate and made him ill for a short period of time. He offered no evidence that the bottle of Coca Cola was supplied by the defendant, Coca Cola Bottling, Inc., a Washington corporation, or that the defendant had any connection whatsoever with the vending machine.

At the conclusion of the plaintiff’s case, the…