Dunn v. Texas Coca-Cola Bottling Co.

FUNDERBURK, Justice.

This suit was brought by Robert Dunn against Texas Coca-Cola Bottling Company to recover damages alleged to have resulted from the drinking by plaintiff of a bottle of Coca-Cola containing pieces of glass. Liability of the defendant was predicated upon two theories, viz., (1) an implied warranty of the fitness of the drink for human consumption, and (2) negligence. The alleged negligence consisted of (a) bottling glass with the Coca-Cola, (b) marketing the Coca-Cola which had been bottled with glass, and (c) failure to inspect the bottles of Coca-Cola after the bottles had…