Alabama Coca-Cola Bottling Co. v. Stanfield

BROWN, Justice.

The gravamen of the plaintiff’s complaint is that “defendant negligently bottled or allowed to remain in said bottle when said coca cola was bottled, a coca cola cap or other foreign matter” which rendered the coca cola unfit for human consumption. (Italics supplied.) Birmingham Chero-Cola Bottling Co. v. Clark, 205 Ala. 678, 89 So. 64, 17 A.L.R. 667; Lewis et al. v. Linkett, 232 Ala. 233, 167 So. 286.

Defendant’s special charge, made the basis of assignment of error 1, states a sound proposition of law as applied to the case as presented on the evidence, and might well have…