Honea, by Next Friend v. Coca Cola Bot. Co.

Mr. Judge Brewster,

of the Commission of Appeals delivered the opinion for the Court.

This is a suit for damages for personal injuries brought by Robert Honea, petitioner, against Coca Cola Bottling Company, respondent. Or an instructed verdict the trial court entered judgment for respondent, which was affirmed by the Court of Civil Appeals. 182 S. W. (2d) 512.

On July 28, 1942, respondent delivered some cases of Coca Cola to the grocery of one Fronk. Each case contained 24 bottles, in four rows of six bottles each, weighed approximately 40 pounds and w-as equipped with handles, one on each end.

S…