Smith v. Coca Cola Bot. Co. of Pa.

Opinion by

Baldrige, J.,

The plaintiff recovered a verdict in an action of trespass for injuries alleged to have resulted from drinking coca cola in which there was the remains of a spider. The trial judge subsequently sustained defendant’s motion for judgment n. o. v. holding that the evidence did not show that the dead spider (1) rendered the coca cola injurious; or (2) that it caused plaintiff’s illness. We are of the opinion that the evidence was sufficient to support a verdict.

The plaintiff, a steel worker 47 years of age, at about 6:30 p.m. of the evening of May 25, 1938, purchased a…