Keller v. Coca Cola Bottling Co.

This is an action in tort by plaintiff-respondent seeking damages for injury alleged to have been caused by drinking from a bottle of Coca Cola containing a cigar stub. She alleged that she was served the bottle at the coffee shop of a hotel in Pendleton, and that the bottle in question had been bottled and supplied by defendant. Trial by jury resulted in a verdict and judgment for plaintiff. Defendant appeals.

Defendant’s first assignment presents the principal issue to be decided. It challenges the refusal of the trial court to direct a verdict for defendant or, in the alternative, to remove…