Coca-Cola Bottling Co. of Jonesboro v. Misenheimer

Minor W. Millwee, Justice.

This appeal is from a judgment in favor of appellee, Mrs. Edward Misc.heimer, against appellant Coca-Cola Bottling Company of Jonesboro, Arkansas, in the sum of $50 damages allegedly sustained by drinking from a bottle of Coca-Cola which contained a dead mouse.

At the conclusion of the testimony on behalf of plaintiff, and at the close of all the evidence, appellant requested a directed verdict in its favor, without indicating to the trial court the basis for such requests. Both requests were denied. The only assignments of error in the motion for new trial are: (1)…