Coca-Cola Bottling Co. v. Cromwell

Appellee’s husband was employed as a worker at a well that was being drilled for oil. October 26, 1940, appellee drove to the drill rig to take her husband’s supper. Enroute she bought two bottles of coca-cola. After arriving at the well, appellee opened the 'bottles while waiting for her husband to complete some incidental operations. There were lights around the rig, but appellee had turned off her car lights.

Three drinks, or “swallows” were taken by appellee from one of the bottles. As the second drink was being-ingested appellee “felt something stick in her throat.” The third drink was…