Texas Coca Cola Bottling Co. v. Lovejoy

FUNDERBURK, Justice.

This suit is one brought by R. B. Love-joy against Texas Coca Cola Bottling Company to recover damages for an alleged injury to his wife resulting from drinking Coca Cola from a bottle with glass in it. Upon a jury trial a special verdict was returned, finding the issues in such way as to warrant and require judgment for plaintiff in the sum of $8,000. From such judgment the defendant has appealed.

In his closing argument to the jury one of the plaintiff’s attorneys said: “You gentlemen, in arriving at your verdict, should put yourselves into Mr. Lovejoy’s shoes and…