Coca-Cola Bottling Co. v. Bennett

Mrs. Laura Bennett purchased a bottle of Coca-Cola from one Ward, Who had bought the Coca-Cola he vended from the appellant company. The bottle of Coca-Cola purchased by the appellee was opened by Ward in the presence of the customer. The opener used, in removing the cap from the bottle, was fastened on the edge of the “lard table” in Ward’s grocery store and was “just a nail opener.” The bottle was closed by a metal cap and was opened by inserting the cap under the nail opener and pressing down, thus removing the cap.

Mrs. Benuett testified that she was watching’ Ward when the bottle was…