Straughn v. . Coca-Cola Co.

Supreme Court of North Carolina

Straughn v. . Coca-Cola Co.

171 S.E. 926, 205 N.C. 836, 1933 N.C. LEXIS 618

DecidedNovember 22, 1933

StatusPublished

This text of 171 S.E. 926 (Straughn v. . Coca-Cola 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

Straughn v. . Coca-Cola Co., 171 S.E. 926, 205 N.C. 836, 1933 N.C. LEXIS 618 (N.C. 1933).

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Opinion

Civil action to recover damages for injury arising from the alleged negligence of the defendant in placing on the market a bottle of coca-cola containing the decomposed remains of a mouse, which was purchased by the plaintiff and partially consumed by him.

Upon denial of liability, the issue of negligence was answered by the jury in favor of the defendant. From judgment thereon, the plaintiff appeals, assigning errors. The case seems to have been tried in substantial conformity to the decisions on the subject. Corum v. Tobacco Co., ante, 213; Broadway v.Grimes, 204 N.C. 623, 169 S.E. 194; Perry v. Bottling Co., 196 N.C. 175,145 S.E. 14. The appeal presents no new question of law or one not heretofore settled by a number of decisions. The verdict and judgment will be upheld.

No error. *Page 837

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Civil action to recover damages for injury arising from the alleged negligence of the defendant in placing on the market a bottle of coca-cola containing the decomposed remains of a mouse, which was purchased by the plaintiff and partially consumed by him.

Upon denial of liability, the issue of negligence was answered by the jury in favor of the defendant. From judgment thereon, the plaintiff appeals, assigning errors. The case seems to have been tried in substantial conformity to the decisions on the subject. Corum v. Tobacco Co., ante, 213; Broadway v.Grimes, 204 N.C. 623, 169 S.E. 194; Perry v. Bottling Co., 196 N.C. 175,145 S.E. 14. The appeal presents no new question of law or one not heretofore settled by a number of decisions. The verdict and judgment will be upheld.

No error. *Page 837

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171 S.E. 926, 205 N.C. 836, 1933 N.C. LEXIS 618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/straughn-v-coca-cola-co-nc-1933.

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