Caskie v. Coca-Cola Bottling Co.

Opinion by

Me. Justice Chidsey,

The plaintiff in this ease became sick soon after drinking some of the contents of a bottle of Coca-Cola, manufactured, bottled and sold by the defendant. He brought this action in assumpsit claiming that defendant breached its implied warranty that the Coca-Cola was fit for human consumption in that it contained hydrochloric acid which caused injury and damages to the plaintiff. A jury awarded plaintiff §6,500. This appeal is from the judgment entered in favor of the plaintiff following the lower court’s dismissal of defendant’s motion for new trial. A motion…