Welch v. COCA-COLA BOTTLERS'ASSOCIATION

COLLINGS, Justice.

Odell Welch brought suit against Coca-Cola Bottlers’ Association to recover damages for personal injuries which plaintiff claimed to have sustained by drinking a portion of a bottle of coca-cola containing a foreign substance which plaintiff alleged the defendant had bottled. At the close of plaintiff’s evidence the defendant made a motion for an instructed verdict on two grounds, (1) that there was no evidence the bottle of coca-cola had been bottled by ap-pellee or had ever been in the care, custody or control of appellee and (2) that there was no evidence that the drink…