Washington Coca Cola Bottling Works, Inc. v. Kelly

CAYTON, Associate Judge.

Plaintiff recovered a verdict of $1250 in a suit for injuries caused by drinking from a bottle of coca cola manufactured by defendant, in which a dead mouse was found. Defendant appeals.

The first assignment of error deals with the refusal of the trial judge to permit the jury to inspect the plant of defendant where the coca cola was prepared and bottled. The request was made at the outset of the trial, repeated at the end of plaintiff’s case, and again at the close of all the evidence.

This question of inspection by the jury, or “view” as it has frequently come to be…