Coca-Cola Bottling Co. of Fort Smith v. Hicks

While plaintiff (appellee), Mrs. Alta Hicks, was transferring several bottles of Coca-Cola, bottled by defendant, from the original case to an ice box in plaintiff’s restaurant at Booneville, the upper part of her foot was severely cut by flying glass from one of the bottles. The evidence differed as to whether the bottle exploded while it was in plaintiff’s hand, or was dropped by her on the floor and broke there, or was knocked out of. her hand by contact with some other nearby article. Plaintiff’s suit against defendant bottler was brought on the theory that the bottle exploded in her hand…