Whitley v. Coca-Cola Bottling Works, 208 N.C. 846 (1935)

Nov. 1, 1935 · Supreme Court of North Carolina
208 N.C. 846

MARVIN WHITLEY v. COCA-COLA BOTTLING WORKS.

(Filed 1 November, 1935.)

Appeal by defendants from Barnhill, J., at March Term, 1935, of Pitt.

Civil action to recover damages for alleged negligent injury caused by particles of jagged and broken glass in a bottle of Coca-Cola manufactured by the defendants and swallowed by plaintiff, the ultimate consumer, who purchased the same from a dealer.

There was a verdict of $250 and judgment for plaintiff, from which the defendants appeal, assigning error.

Blount & James for plaintiff.

J. B. Jamas for defendants.