Coca-Cola Bottling Co. of Fort Worth v. Smith

DUNKLIN, Chief Justice.

The Coca-Cola Bottling Company of Fort Worth, Tex., has appealed from a judgment in favor of M. A. Smith for damages in the sum of $1,400 for injuries suffered by his wife, Mrs. Mary Smith,, who was also a plaintiff in the case,- from drinking a bottle of Coca-Cola purchased by her from Roy Gernsbacher, retailer, which it was alleged, contained a part of a. decomposed cockroach.

It was alleged in the petition that the defendant Coca-Cola Bottling Company; manufactured the beverage known as Coca-Cola and sold it to Gernsbacher, the retailer, who in turn sold it to Mrs. M.…