Enloe v. Charlotte Coca-Cola Bottling Co.

In considering the questions presently presented, it may be helpful to plot again the course of the decisions in this jurisdiction respecting the liability of one who manufactures or prepares in cans, sealed packages, or bottles, foods, medicines, drugs, or beverages and places them on the market, for injuries sustained by the ultimate consumer or user who purchases such goods from a dealer or middle-man and not from the manufacturer, bottler, or packer.

These propositions are established:

1. That the basis of liability is negligence rather than implied warranty. Thomason v. Ballard, ante, 1;…