Middlesboro Coca Cola Bottling Works v. Ball

Opinion op the Court by

Judge Bees

Beversing.

The appellee, Gladys Ball, who was the plaintiff below, recovered a judgment for $1,034 against the Middlesboro Coca Cola. Bottling Works, and a reversal of the judgment is sought on the grounds that the verdict is excessive and that the court erred in its instructions to the jury.

Briefly .stated, the facts are these: On the morning of August 16, 1934, appellee purchased a 'bottle of Coca Cola from Mrs. Lester Idol, who operated a grocery store in Middlesboro. She drank a portion of the contents of the bottle, and became violently ill. She vomited,…