Dr. Pepper Co. v. Brittain

FOSTER, Justice.

This is an action by the consumer of a bottled drink, alleged to have been prepared for consumption by appellant engaged in the bottling of soft drinks, and selling them to the public for human consumption.

Count A, the only one submitted to the jury, alleged those facts, and that the bottled drink was purchased from the Greai Atlantic & Pacific Tea Company, operating a store, and consumed by plaintiff, who sustained personal suffering and sickness due to the presence of a black substance, fly, or a substance which was unwholesome in the bottle, as the proximate result of the…