Rainwater v. Hattiesburg Coca-Cola Bottling Co.

The appellee is a manufacturing company engaged in bottling soft drinks, among which is one called “orange crush.” The appellant’s evidence is to the effect that he purchased a bottle of orange crush, bottled by the appellee from a retail dealer, drank it, and then for the first time discovered that it contained several dead flies and other insects, because of which he was made sick, resulting in damage to him. There was a verdict and judgment for the appellee, defendant in the court below.

At the request of the appellant, the court below requested the jury to find for him in the event he was…