Tafoya v. Las Cruces Coca-Cola Bottling Company

McGHEE, Justice.

A verdict and judgment in favor of the plaintiffs on complaint in tort alleging the pus-chase and partial consumption of a bottled beverage containing foreign matter resulting in illness and damage to plaintiff, Rosario Tafoya, for the sum of $300 is the subject of attack on appeal by defendant.

Defendant’s first point asserts as error the denial by the trial court of its motions for a directed verdict at the close of plaintiffs’ case and at the close of the whole case. The bulk of argument under this point is that the plaintiffs did not establish actionable negligence because…