McLeod v. Lexington Coca-Cola Bottling Co.
Cases that cite this one
1 later published case cites this decision.
- Penn v. Inferno Manufacturing Corporation (La. Ct. App. 1967)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Taking the testimony in the light most favorable to the plaintiff, there is failure of proof requisite in cases of this character as set forth in Enloe v. Bottling Co., 208 N. C., 305, 180 S. E., 582, and cases therein cited. The bottled drink in question was “ginger ale.” There is no evidence tending to show that in like products manufactured under substantially the same conditions and sold'by the defendant “at about the same time” contained foreign or deleterious substances. Perry v. Bottling Co., 196 N. C., 175, 145 S. E., 14; Enloe v. Bottling Co., supra; Blackwell v. Bottling Co., 208 N. C., 751, 182 S. E., 469; Collins v. Bottling Co., 209 N. C., 821, 184 S. E., 834.
The judgment below is
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.