Davis Red Rock Bottling Co. v. Alsip

CLAY, Commissioner.

This is a motion for appeal from a $600 judgment awarded plaintiff appellee for injuries sustained as the result of drinking a bottle of defendant’s product which contained a thin strip of rolled metal.

It is contended by defendant that plaintiff failed to show any negligence on its part as the cause of the injury.

Plaintiff bought a bottle of defendant’s soft drink at a small country store in Whitley County and drank it at the store.- After having consumed the major portion of it, she discovered the piece of metal.

The testimony of the owner and manager of the store revealed…