Pennington v. Cranberry Fuel Co.

Kenna, Judge:

James Ronald Pennington, an infant who sued by his next friend, recovered a judgment in the Circuit Court of Raleigh County against the Cranberry Fuel Company for damages sustained by him from drinking cocoa made from the contents of a can in which there was a dead mouse. To that judgment, the defendant below prosecutes this writ of error.

The only questions for decision arise upon the sufficiency of the plaintiff's proof to sustain the verdict of the jury. The evidence shows that the cocoa was purchased at a store operated by the defendant sometime in December, 1933. A servant…