Ashland Coca-Cola Bottling Co. v. Byrne

CULLEN, Commissioner.

Willie Byrne recovered judgment against the Ashland Coca-Cola Bottling Company in the amount of $1,000, for personal injuries alleged to-have been sustained as a result of drinking from a bottle of Coca-Cola in which there were portions of the body of a mouse. On appeal, the company contends that the integrity of the bottle was not sufficiently established- to warrant application of the doctrine of res ipsa loqui-tur, and there being no positive proof of the company’s negligence, a directed verdict should have been given for the company.

The bottle of Coca-Cola was…