Coca Cola Bottling Works, Inc. v. Tate

Appellee was plaintiff in a suit against appellant for damages alleged to have been suffered by drinking a bottled beverage which was manufactured by the der fendant and which contained broken glass. We have carefully examined the testimony upon the issue of liability and conclude that it was an issue for the jury’s determination whether the beverage was manufactured by defendant and whether plaintiff suffered some injury from bits of broken glass contained in the bottle when manufactured. The suit is upon implied warranty. The defendant was not entitled to a directed verdict upon the…