Coca Cola Bottling Co. of Fort Worth v. McAlister

RENFRO, Justice.

The appellee, Raymond R. McAlister, obtained a jury verdict and judgment in the sum of $500 against the appellant, Coca Cola Bottling Company of Fort Worth, for personal injuries resulting from swallowing a foreign substance from one of appellant’s bottled drinks. Appellee obtained the bottled drink from an automatic nickel vending machine. The appellant stipulated that it maintained the machine in question and had exclusive control over such machine and refilling same with bottled drinks.

Appellant’s first point contends it was error for the court to instruct the jury that…