Floyd v. Florence Nehi Bottling Co.

The opinion of the Court was delivered by

Mr. Justice Fishburne.

This action was brought by the respondent against Florence Nehi Bottling Company, Pee Dee Farms Corporation, and Bob Daniels, for the recovery of damages, both actual and punitive, alleged to have been suffered by him as the result of swallowing dead flies which were in a bottle of Orange Crush, a beverage manufactured and bottled by the first-named defendant, and sold to respondent by Bob Daniels, a clerk in the store conducted by Pee Dee Farms Corporation on May 23, 1936.

In the course of the trial, the Court granted a nonsuit as…