Lee v. Coca-Cola Bottling Works of Greenwood, Inc., COCA-COLA
| Decision Date | 09 March 1959 |
| Docket Number | COCA-COLA,No. 41056,41056 |
| Citation | 236 Miss. 77,109 So.2d 555 |
| Parties | Henry LEE v.BOTTLING WORKS OF GREENWOOD, INC. |
| Court | Mississippi Supreme Court |
J. W. Kellum, Sumner, for appellant.
Breland & Whitten, Sumner, Lott & Sanders, Greenwood, for appellee.
The appellant, Henry Lee, filed suit in the Circuit Court of the Second Judicial District of Tallahatchie County against the appellee, Coca-Cola Bottling Works of Greenwood, Incorporated, to recover damages alleged to have been sustained by the appellant, as the result of the breach of an implied warranty of the fitness of a bottle of coca-cola alleged to have been bottled by the appellee and sold to a retail dealer in the town of Sumner who in turn sold the same to the appellant. The appellant alleged in his declaration that the beverage was sold by the appellee upon the implied warranty that it was wholesome and fit for human consumption; that the bottle of beverage contained particles of glass, and the appellant after drinking the same became nauseated, and was sick and unable to sleep well the next few days.
The case was submitted to a jury, and the jury returned a verdict for the appellee. The appellant filed a motion for a new trial which was overruled, and judgment was entered in favor of appellee. From that judgment the appellant has prosecuted this appeal.
Two points are argued by appellant's attorneys as grounds for reversal of the judgment of the lower court: (1) That the court erred in refusing to grant the appellant's request for a peremptory instruction; and (2) that the court erred in granting certain instructions requested by the appellee.
The evidence offered on behalf of the respective parties was substantially as follows:
The appellant testified that he purchased a carton of 'cokes', which had been bottled by the appellee corporation, from Down's Grocery Store at Sumner; that his wife at supper time opened one of the bottles and poured about two-thirds of the contents in a drinking glass containing ice; that he drank all of the beverage that had been poured into the drinking glass; and that he then noticed some particles of broken glass in the coca-cola that remained in the bottle. The appellant stated that he felt no ill effects at the time he drank the coca-cola, but later that night he became sick at the stomach, and did not sleep well. He passed blood the next morning, when he went to the bathroom, and he passed blood again the following morning. He then went to see Dr. Lacy Biles, whose office was about 100 yards away. The doctor told him to take bananas and starch, but did not prescribe any medicine for him. He went back to see...
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