Rutherford v. Huntington Coca-Cola Bottling Co.

Browning, Judge:

In this action of trespass on the case, the plaintiff, Lula Rutherford, seeks to recover for lacerations, physical discomfort and mental anguish, allegedly sustained when she drank from a bottle of soft drink, bottled by the defendant, Huntington Coca-Cola Bottling Company, which bottle allegedly contained numerous small particles of glass. The case was tried to a jury, which returned a verdict in her favor in the amount of $1,500.00, and judgment was entered thereon, to which this Court granted a writ of error and supersedeas.

The plaintiff testified that: She was employed by…