Newton Coca-Cola Bottling Co. v. Shaw

The issue is whether there was any substantial evidence to support the jury’s $500 verdict in favor of appellee, Ernest Keith Shaw, a minor, by his next friend, in this suit upon the implied warranty of a bottler of a beverage that the beverage bottled and distributed by it is wholesome and safe for human consumption. *893After careful consideration of the record, we have concluded that there is no substantial, believable evidence to support a finding that (1) the extraneous matter was in the bottle when it left the factory and was offered to the public, and when some of it was drunk by appellee,…