Caines v. Marion Coca-Cola Bottling Co.

The opinion of the Court was delivered by

Mr. Acting Associate Justice A. E. Gaston.

The plaintiff recovered a verdict on Circuit before Hon. A. T. Hardee, Special Judge, and a jury on May 1, 1941. This was the third trial on Circuit and is now the second appeal to this Court. The first appeal is reported in 196 S-, C., 502, 14 S. E. (2d), 10.

The suit is predicated upon the negligence of the defendant under the Pure Food Statute, Code 1932, § 1452, in selling a bottle of Coca-Cola with a cockroach negligently contained therein. The defendant company further set up contributory negligence on the…