Gardner v. Baker

CATES, Judge.

This is an appeal from a judgment of the Walker Circuit Court based on a verdict awarding Mrs. Baker $450 damages for being made sick and ill by negligence in manufacturing a carbonated beverage, Seven Up, in that a rotten roach was found in a bottle of Seven Up from which Mrs. Baker drank.

Viewing the evidence from the verdict, we have the following:

Mrs. Baker was in a store in Sumiton where she bought and proceeded to drink a Seven Up. She saw something in it that gave her the first impression of being ice, since it looked “slushy.” A better look revealed a lot of small stuff…