Texas Coca-Cola Bottling Co. v. Kubena

LESLIE, Chief Justice.

Jim Kubena instituted this suit against the Texas Coca-Cola Bottling Company to recover damages suffered by him by reason of injuries sustained from drinking a bottle of Coca-Cola purchased from a retail dealer with whom that company had placed said product for sale to the public. It is alleged that the bottle of Coca-Cola purchased and drunk by the plaintiff contained a partly decomposed mouse. That immediately after drinking from the bottle he became extremely sick, vomited, etc. That the effects endured for a considerable time thereafter.

The defendant answered by a…