Loebig's Guardian v. Coca-Cola Bottling Co.

Opinion of the Court by

Judge Stites

Affirming.

This is an appeal from a judgment of the Jefferson circuit court rendered pursuant to an instructed verdict given at the close of the plaintiff’s testimony.

The injury complained of in the petition was the loss of the sight of the plaintiff’s left eye, resulting, as is shown by the evidence, from the explosion of a bottle of Coca-Cola, late in the afternoon of September 10, 1932.

The bottle was contained in a case of Coca-Cola which left the defendant’s plant in Louisville, on one of its trucks, at about 1:30 p. m., on the afternoon of the accident.…