EAST KENTUCKY BEVERAGE CO. v. STUMBO


230 S.W.2d 106 (1950)

313 Ky. 66

EAST KENTUCKY BEVERAGE CO. v. STUMBO.

Court of Appeals of Kentucky.

May 19, 1950.


Attorney(s) appearing for the Case

Hobson & Scott, Pikeville, for appellant.

Combs & Combs, Prestonsburg, for appellee.


CAMMACK, Justice.

This is another case where the cause of action is based upon the alleged finding of a foreign substance or object in a soft drink; in this instance, a contraceptive rubber in a bottle of Pepsi Cola. The appeal is from a $500 judgment in favor of Lee Stumbo, plaintiff below.

The principal argument urged for reversal is that the case should not have been submitted to the jury. Admittedly, the case is a very close one, in view of our ruling...

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