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ASHLAND COCA-COLA BOTTLING CO. v. BYRNE

258 S.W.2d 475 (1953)

ASHLAND COCA-COLA BOTTLING CO. v. BYRNE.

Court of Appeals of Kentucky.

May 22, 1953.

Attorney(s) appearing for the Case

Dysard & Dysard, Ashland, for appellant.

Oscar Sammons, Greenup, for appellee.

CULLEN, Commissioner.

Willie Byrne recovered judgment against the Ashland Coca-Cola Bottling Company in the amount of $1,000, for personal injuries alleged to have been sustained as a result of drinking from a bottle of Coca-Cola in which there were portions of the body of a mouse. On appeal, the company contends that the integrity of the bottle was not sufficiently established to warrant application of the doctrine of res ipsa loquitur, and there being no positive...

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