TaiLexi AI U.S. Case Law

Coca-Cola Bottling Co. v. Cromwell

Coca-Cola Bottling Company v. Cromwell.

Coca-Cola Bottling Co. v. Cromwell, 159 S.W.2d 744 (Ark. 1942)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of Arkansas · State Highest Courts
Decided
March 2, 1942
Docket
No. 4-6634
Judges
Smith, Humphreys
Citations
159 S.W.2d 744203 Ark. 9331942 Ark. LEXIS 165

Opinion of the Court — Smith

Grieein Smith, C. J.

Appellee’s husband was employed as a worker at a well that was being drilled for oil. October 26, 1940, appellee drove to the drill rig to take her husband’s supper. Enroute she bought two bottles of coca-cola. After arriving at the well, appellee opened the 'bottles while waiting for her husband to complete some incidental operations. There were lights around the rig, but appellee had turned off her car lights.

Three drinks, or “swallows” were taken by appellee from one of the bottles. As the second drink was being-ingested appellee “felt something stick in her throat.” The third drink was taken for the purpose of “washing-down” the obstruction. Three or four minutes were consumed in this attempt. She thereupon placed the uncapped bottle on the car floor. It was then about half full.

After trying by coughing to disengage the throat obstruction appellee got out of the car and took the second bottle to her husband in a hut used by the workmen. At the same time she delivered the container of food. Before leaving the car appellee felt ill, and mentioned the fact, immediately. She remained at the hut approximately thirty minutes, then went back to the car, found the bottle cap, replaced it, then started home. It occurred to her that a physician’s services were necessary, and at Alma she called Dr. Galloway. The doctor procured the bottle from appellee’s automobile. Appellee was in a hospital five days, and says she was side several weeks.

Dr. Galloway testified that he washed the patient’s stomach, and administered a hypodermic of morphine and atropine. He then drove appellee home, going by way of the well rig. Content of the coca-cola bottle was strained. Six legs of an insect, resembling those of a spider, were, found.

The doctor testified that, in his opinion, what appellee drank from the bottle produced the illness. This testimony was corroborated by W. E. Ikling, druggist.

Appellant stresses the fact that a fragment of grass rope, such as that used around the oil rig, came from appellee’s stomach when it was washed; that while the bottle remained open in the car, contamination might have occurred; that testimony of the manufacturer that bottling was done under conditions making it impossible for foreign substances to get into the product created a prima facie showing of care not overcome by testimony, and the verdict was based upon speculation and conjecture.

We think a case was made for the jury. However, no permanent injury resulted. At most the inconvenience was not of a kind to warrant a finding that great pain, inconvenience, and prolonged loss of bodily functions resulted. The judgment for $1,250- will, therefore, be reduced to $500, and as so reduced it is affirmed.

Mr. Justice Humphreys dissents in respect of the reduction.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1953: 119532026peak 1953 · 1

Relies on it most ⓘ

  1. Coca-Cola Bottling Co. of Jonesboro v. Misenheimer261 S.W.2d 775 (Ark. 1953)

Most recent

  1. Coca-Cola Bottling Co. of Jonesboro v. Misenheimer261 S.W.2d 775 (Ark. 1953)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list