MacOn Coca-Cola Bottling Co. v. Chancey

Carlisle, Judge.

The defendant contends, and it may be conceded for the purposes of this decision, that the evidence shows that the particular Coca-Cola in question had been delivered to- Fruitticher’s Market some one to seven days prior to the time the plaintiff purchased it; that it had been stored on racks in front of or within the store in such a place as to have been easily accessible to others; that it was placed in the drink box at some time prior to the time that the plaintiff purchased it and that other persons could have had access to it and could have tampered with it, and that the…