Blount v. Houston Coca Cola Bottling Co.

This appeal is from the action of the circuit court of Calhoun County in granting a peremptory instruction in favor of appellees, Houston Coca Cola Bottling Company, as the manufacturer, and J. D. Lipham, as the retailer, of a bottle of Coca Cola sold to appellant, and the contents of which caused him to- become: violently sick after drinking a portion thereof, according to the undisputed testimony.

When the bottle was removed from the ice box and uncapped by the retailer, and some of the Coca Cola had been drunk by appellant, it was discovered that there was a yellowish substance, together…