Wallace v. Coca-Cola Bottling Plants, Inc.

POMEROY, Justice.

At the conclusion of a trial, an An-droscoggin County jury awarded Plaintiff $2,000 damages against the Defendant.

The complaint, the filing of which commenced this action, alleged Defendant was liable to the Plaintiff because of, (a) a breach of warranty and (b) negligence. The case was submitted to the jury only on the issue of negligence, the breach of warranty count having been removed from the jury’s consideration by the Court on Defendant’s motion. The Plaintiff has not appealed from this ruling.

In the posture in which the case is before us for review, we must accept the…