Caines v. Marion Coca-Cola Bottling Co.

The opinion of the Court was delivered by

Mr. Associate Justice Fishburne.

Alleging that he swallowed a small portion of a mangled and putrified coachroach while drinking from a bottle of Coca-Cola manufactured and sold by the corporate defendant, Marion Coca-Cola Bottling Company, and retailed by the personal defendant, B. T. Dorman, on October 6, 1938, the plaintiff brought this action for the recovery of damages, actual and punitive. The Coca-Cola was purchased by the plaintiff for immediate consumption in Dorman’s store in the City of Conway. At the close of the testimony a directed verdict…