Rozumailski v. Philadelphia Coca-Cola Bottling Co.

Opinion by

Mr. Justice Kephart,

Plaintiff went into a small restaurant for lunch. He ordered two cheese sandwiches and a bottle of coca-cola. The sandwiches were prepared by the dealer, who placed mustard on the cheese at plaintiff’s request. The dealer took a bottle of coca-cola from the ice box, removed the cap, and handed to plaintiff the sandwiches and the bottle. Plaintiff was injured from swallowing ground and broken glass which he testified came from the bottle. This action was instituted against the manufacturer, and a verdict was recovered in the court below.

The points chiefly urged,…