Meridian Coca Cola Bottling Co. v. Illges

Appellant bottled and put on the market a bottle of coca cola that had a fly in it, according to- the evidence for appellee. Appellee bought the bottle from a retail merchant in Meridian, opened it, and drank part of the contents without knowing the fly was in it. He became nauseated and vomited. He brought this action against appellant to recover damages for the injury, and on trial recovered a judgment in the sum of $750. From that judgment, appellant prosecutes this appeal.

There are only two questions of sufficient seriousness to call for a discussion. They are: (1) Whether the court erred…