Supreme Court of North Carolina, 1935

Whitley v. . Bottling Works

Whitley v. . Bottling Works
Supreme Court of North Carolina · Decided November 1, 1935 · PER CURIAM.
182 S.E. 108; 208 N.C. 846; 1935 N.C. LEXIS 167 (South Eastern Reporter)

Whitley v. . Bottling Works

Opinion of the Court

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. The evidence brings the case within the principles announced in Perry v.Bottling Co., 196 N.C. 175, 145 S.E. 14; Broom v. Bottling Co.,200 N.C. 55, 156 S.E. 152; Enloe v. Bottling Co., ante, 309.

No error.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.