Brown v. Coca-Cola Bottling, Inc.

Defendant appeals from a judgment entered upon a jury verdict in favor of plaintiff. The nature of the action is fairly summarized in the trial court’s instruction No.-I to the jury, as follows:

“This is an action to recover damages alleged to have been sustained by the plaintiff Wilmer O. Brown as the result of drinking part of the contents of a bottle of a soft drink called Coca-Cola, bottled by the defendant corporation.

“The Coca-Cola was consumed on June 6, 1957. Plaintiff alleges that this bottle of Coca-Cola contained broken glass and that plaintiff swallowed some of the glass before…