Phipps v. Carmichael

The plaintiff below, Yerta Phipps, brought suit for $10,000.00 damages against the defendants averring that on October 3, 1959, she purchased a bottle of contaminated Royal Crown Cola and that when she drank a part of the contents of the bottle she became nauseated and severely ill; that the contaminated beverage was negligently manufactured and sold by the defendants for human consumption and that her illness was the direct and proximate result of the negligence of the defendants.

After issue was joined the case went to trial before a jury. At the conclusion of plaintiff’s proof the…