Hope Coca Cola Bottling Co. v. Jones

Robinson, Justice.

Appellee drank a portion of a

bottle of Coca-Cola which she claims contained a dead mouse. She filed suit against appellant Hope Coca-Cola Bottling Company and asked damages in the sum of $5,000. There was a jury verdict in her favor for $3,000 which the trial court reduced to $750.

On appeal appellant contends that there is no substantial evidence to sustain the verdict; that the court erred in giving instruction No. 4 because it ignored the defense of contributory negligence; that the court erred in modifying instruction No. 12; and that the $750 judgment is excessive.

On…