Norfolk Coca-Cola Bottling Works, Inc. v. Land

Chloe Land filed in the court below a notice of motion for judgment against Norfolk Coca-Cola Bottling Works, Inc., to recover damages for personal injuries alleged to have been sustained as the result of drinking a bottle of Coca-Cola containing a worm. The gravamen of the action was that the defendant was guilty of negligence in failing to use “due and proper care” to see that the drink, manufactured, bottled and sold by the defendant, was “free from foreign substance unfit for human consumption.” There was a verdict of $500 for the plaintiff upon which the trial court entered judgment.

We…