Merriman v. Coca Cola Bottling Co.

This action was brought to recover damages for personal injuries alleged to have been sustained from swallowing pieces of glass in a bottle of coca cola while the liquid was being drunk from the bottle by the plaintiff. Upon a trial the jury returned a verdict for the plaintiff for $1,000. A motion for a directed verdict for the defendant had been made and overruled at the close of all the evidence. In its motion for a new trial the defendant assigned as error this action of the court. On December 10, 1932, the court sustained this motion, set aside the verdict for the plaintiff, and…