East Kentucky Beverage Co. v. Day

MOREMEN, Justice.

On the 8th day of March 1950, appellee Day’s car ran out of gas near a small store operated by Mrs. Leona Morgan. He went to the store which occupied one small room and asked Mrs. Morgan if he could get some gasoline. While she was looking for a container, he went to an icebox standing near the door, which was of the type that invited self-service, and removed' a bottle of Orange Crush. He pulled the cap with the opener located on the side of the cooler, immediately turned the bottle up and drank about half of it. The contents smelled rotten and gave off a bad odor, and in…