Manning v. . Hines Co.

Supreme Court of North Carolina

Manning v. . Hines Co.

10 S.E.2d 727, 218 N.C. 779, 1940 N.C. LEXIS 86

DecidedOctober 9, 1940

StatusPublished

This text of 10 S.E.2d 727 (Manning v. . Hines Co.) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Manning v. . Hines Co., 10 S.E.2d 727, 218 N.C. 779, 1940 N.C. LEXIS 86 (N.C. 1940).

Pincite

Opinion

Civil action by ultimate consumer to recover of manufacturer or bottler damages resulting from drinking bottled beverage containing noxious substance.

On 25 June, 1938, the plaintiff purchased a bottle of Coca-Cola from a filling station in Lenoir County. It is in evidence that upon drinking the Coca-Cola the plaintiff found glass in the bottle, and was seriously injured as a result thereof.

Plaintiff sought to show that the defendant placed the Coca-Cola on the market and was negligent in bottling it.

From judgment of nonsuit entered at the close of plaintiff's evidence, he appeals, assigning errors. Upon the record as presented, we cannot say there was error in dismissing the action as in case, of nonsuit. The judgment (will) be upheld. Enloe v. Bottling Co., 208 N.C. 305, 180 S.E. 582.

Affirmed.

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