Coca-Cola Bottling Co. v. Crook

The suit is by the ultimate consumer of a bottle of Coca-Cola against the bottling company for personal injuries charged to the negligence of defendant in allowing a foreign substance injurious to health to be sealed up in the bottle.

“The presence of foreign matter deleterious to health sealed up in a bottle of soft drink is evidence of negligence.” Try-Me Beverage Co. v. Harris, 217 Ala. 302, 116 So. 147, 148.

• Appellant insists the affirmative charge was due defendant for want of proof that the foreign substance in this bottle was deleterious to health.

Plaintiff testified it was a solid…