McCLELLAN v. ORANGE CRUSH-GRAPICO BOTTLING CO.

6 Div. 645.

62 So.2d 803 (1953)

McCLELLAN v. ORANGE CRUSH-GRAPICO BOTTLING CO.

Court of Appeals of Alabama.

January 20, 1953.


Attorney(s) appearing for the Case

J. E. Bains, Oneonta, and Hugh A. Locke, Birmingham, for appellant.

Lange, Simpson, Robinson & Somerville and Robt M. Smith, all of Birmingham, for appellee.


CARR, Presiding Judge.

This is an action for damages for personal injuries resulting from drinking a beverage, bottled and sold by the defendant.

The complaint alleges in part that the bottle of Orange Crush contained "pieces and bits of broken glass unbeknown to the plaintiff and plaintiff swallowed small bits of glass and one large piece of glass struck plaintiff's mouth * * *."

In the court below there was a verdict and judgment in favor of the...

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