Harris v. Alexandria Coca-Cola Bottling Co.

This is an action for damages allegedly resulting from the presence of a foreign ingredient, to-wit, a spider, contained in a bottle of Coca-Cola from which plaintiff was drinking. There was judgment in favor of defendant rejecting plaintiff's demands, from which plaintiff has appealed.

It is unnecessary to recite the facts involved in the instant case since we find it necessary to take action with respect to a matter of procedure. Before this Court counsel for defendant strenuously urges the failure of plaintiff's counsel to introduce in evidence, on trial below, the testimony of three of…