Wagner Ex Rel. Wagner v. Coca-Cola Bottling Co.

FOSHEIM, Justice.

The trial court directed a verdict in favor of defendant at the conclusion of plaintiff’s evidence. We affirm on the appeal from that order.

Douglas Wagner (appellant), age six, was with his mother at a grocery store in Sioux Falls when a six-pack of Coca-Cola fell to the floor. Two bottles from the carton broke and pieces of glass injured one of appellant’s eyes. Appellee, Coca-Cola Bottling Company, prepared and bottled the beverage in sixteen-ounce glass bottles with metal caps and set up the coke display 1 at the grocery store.

Appellant’s first cause of action, based on…