Biedenharn Candy Co. v. Moore

This action is on the implied warranty of a bottler of beverage that the beverage bottled and distributed by him is wholesome and fit for human consumption, which this Court holds inures to the ultimate consumer. Kroger Grocery Company v. Lewelling et al., 165 Miss. 71, 145 So. 726, and the numerous cases there cited.

The appellant says that the court below erred in:

1. Refusing its request for a directed verdict in its favor.

2. Refusing to exclude the appellee’s evidence of pain and suffering.

3. Refusing its request for an instruction directing the jury to award the appellee only nominal…