Coca Cola Bottling Company v. Mitchell

OPINION

NYE, Justice.

The plaintiff H. M. Mitchell, filed suit against the Coca Cola Bottling Company for personal injuries resulting from the ingestion of glass when he drank a bottle of Coca Cola in Harlingen, Texas. The case was tried before the court and jury, resulting in a judgment for the plaintiff. Defendant Coca Cola Bottling Company perfects its appeal.

Plaintiff alleged that while drinking one of appellant’s Cokes at his place of work he felt an unusual pain in his throat. He gagged and coughed, and in so doing discovered that the bottle from which he had been drinking contained glass…