Bainbridge Coca-Cola Bottling Co. v. Miller

1. In this suit to recover damages for an illness which the plaintiff claimed to have suffered as a result of drinking a beverage sold by the defendant and containing a poisonous foreign substance which caused the plaintiff to become sick and nauseated, there was some evidence to warrant the inference of negligence on the part of the defendant, as charged in the petition, and it can not be held, as a *764matter of law, either that this inference was conclusively rebutted or that it indisputably appeared that the plaintiff, by ordinary care, could have avoided the consequences of the defendant’s…