Crystal Coca-Cola Bottling Co. v. Cathey

PHELPS, Justice.

This appeal involves the liability of a beverage bottler to an ultimate consumer for personal injury damages sustained as a result of drinking a beverage containing a dead fly. The complaint alleges:

“ * * * That the defendant is or was at all times hereinafter mentioned engaged in the bottling of, or preparation of, a beverage known as Coca Cola in individual bottles for human consumption and thereby warranted the substance contained in said bottles to be fit for human consumption.

“That on or about the 28th day of October, 1955, the plaintiff purchased a bottle of Coca Cola…