Coca Cola Bottling Works v. Kennedy

This was an action for damages for illness suffered by the plaintiff as a result of drinking a portion of the con tents of a bottle of coca-cola containing a partially decomposed bng, which, bottle of coca-cola had been bottled by the defendant and sold to a drug store from which plaintiff purchased it.

There is only one count in the declaration, which averred the facts hereinabove stated. The defendant pleaded the general issue of not guilty.

The case was tried by the judge and a jury. At the close of all the evidence defendant moved the court for a directed verdict, which motion was…