Upon tbe record as presented, we cannot say there was error in dismissing tbe action as in case of nonsuit. Tbe judgment will be upheld. Enloe v. Bottling Co., 208 N. C., 305, 180 S. E., 582.
Affirmed.
Manning v. Harvey C. Hines Co., 218 N.C. 779 (1940)
Oct. 9, 1940
·
Supreme Court of North Carolina
218 N.C. 779
L. P. MANNING v. HARVEY C. HINES COMPANY.
(Filed 9 October, 1940.)
Appeal by plaintiff from Hamilton, Special Judge, at April Term, 1940, of Wayne.
Civil action by ultimate consumer to recover of manufacturer or bottler damages resulting from drinking bottled beverage containing noxious substance.
On 25 June, 1938, tbe plaintiff purchased a bottle of Coca-Cola from a filling station in Lenoir County. It is in evidence that upon drinking tbe Coca-Cola tbe plaintiff found glass in tbe bottle, and was seriously injured as a result thereof.
Plaintiff sought to show that tbe defendant placed tbe Coca-Cola on tbe market and was negligent in bottling it.
From judgment of nonsuit entered at tbe close of plaintiff’s evidence, be appeals, assigning errors.
George E. Hood and J. Faison Thomson for plaintiff, appellant.
Royall, Gosney & Smith for defendant, appellee.