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SWEENEY v. CAIN

No. 12320.

243 S.W.2d 874 (1951)

SWEENEY et al. v. CAIN.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied November 28, 1951.

Attorney(s) appearing for the Case

Davenport & Ransome, Brownsville, for appellants.

Asa H. Moore, La Feria, for appellee.

W. O. MURRAY, Justice.

This suit was instituted by Lucy Cain against Thomas H. Sweeney, Jr., and Payton T. Sweeney, seeking to recover damages alleged to have been sustained by her as the result of drinking a bottle of Coca Cola with some foreign substance in it. The trial was to a jury and resulted in judgment in plaintiff's favor in the sum of $2000.00, from which judgment defendants have prosecuted this appeal.

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