Honeycutt v. Louis Pizitz Dry Goods Co.

BROWN, Justice.

Action on the case by the appellant against appellee, for personal injury proximately resulting from being struck in her right eye by a a lollypop or “all-day sucker” consisting of a wad of candy moulded on a stick an eighth of an inch in diameter and three and a half or four inches in length, ’ weighing three-fourths-of an ounce, thrown by the defendant’s servant or agent into a crowd of women and children in carrying out defendant’s, scheme of advertising its holiday goods, wares, and merchandise.

The case was submitted to the jury under the first and third counts of the…