Royal Crown Bottling Co. v. Morgan

CULLEN, Commissioner.

In a trial before the court without a jury, Mrs. Ethel Morgan recovered judgment against the Royal Crown. Bottling Company in the amount of $300, as damages for illness suffered as a result of drinking part of a bottle of R. C. Cola which contained a dead spider. The company has moved for an appeal on the ground that judgment should have gone for the defendant because of failure to prove the integrity of the bottle.

Mrs. Morgan and her husband operated a small, one-room country store, with gasoline pumps out in front. Frequently Mrs. Morgan tended the store alone, while…