East Kentucky Beverage Co. v. Stumbo

Judge Cammack

Reversing.

This-is another case where the cause of action is based upon the alleged finding of a foreign substance or object in a soft drink; in this instance, a contraceptive rubber in a bottle of Pepsi Cola. The appeal is from a $500 judgment in favor of Lee Stumbo, plaintiff below.

The principal argument urged for reversal is that the case should not have been submitted to the jury. Admittedly, the case is a very close one, in view of our ruling in the case of Seale v. Coca-Cola Bottling Works of Lexington, Ky., 297 Ky. 450, 179 S.W.2d 598; and Glasgow Coca-Cola Bottling Works…