Merriman v. Coca Cola Bottling Co.

ON PETITION TO REHEAR,

In this action the jury awarded to the plaintiff the sum of $1,000 as damages for personal injuries sustained from swallowing pieces of glass from a bottle of coca cola while it was being drunk by her from the bottle. No judgment was entered upon this verdict. The circuit judge sustained a contention made in the motion for new trial and dismissed the suit, holding that he should have granted the motion of defendant for a directed verdict in its favor upon the authority of Coca Cola Bottling Works v. Selvidge, 4 Tenn. App., 558, conceiving it to be analogous and…