Coca Cola Bottling Works, Inc. v. Crow

' Mr. Justice Tomlinson

delivered the opinion of the Court.

Coca Cola Bottling Works, Inc., manufactured, sold and delivered on July 5, 1952 to a retail country merchant named Havener several cases of Coca Cola. This merchant sold two of these cases to Chester Crow on July 8. In something like an hour thereafter one of these bottles exploded. A sliver of glass therefrom struck Crow in' the eye and destroyed its vision.

The first count of the declaration upon which Crow sought to recover damages from the Bottling Works alleged negligent overcharging the contents of the exploding bottle with…