Coca Cola Bottling Works, Inc. v. Petty

Smith, C1. J.,

delivered the opinion of the court.

The appellee purchased a bottle of coca cola at a cafe, and on drinking part of it discovered animal matter therein, part of which went into his • stomach, causing him to vomit and become for some time quite sick. The coca cola was purchased by the proprietor of the cafe from the appellant, by whom it was also bottled. The evidence for the appellee warranted the jury in believing that when uncapped at the cafe, the cap and the contents of the bottle were in the same condition as when the bottle was delivered to the cafe by the appellant. The…