BEASLEY v. COCA-COLA BOTTLING CO.

No. 240.

80 S.E.2d 642 (1954)

239 N.C. 681

BEASLEY v. COCA-COLA BOTTLING CO.

Supreme Court of North Carolina.

March 17, 1954.


Attorney(s) appearing for the Case

E. R. Temple, Jr., Benson, for plaintiff appellant.

Young & Taylor, Dunn, and Shepard & Wood, Smithfield, for defendant appellee.


PER CURIAM.

To make out a case for the jury, the plaintiff must prove that the Coca Cola he drank was manufactured and marketed by this defendant for human consumption. This record is devoid of any evidence to that effect. That the Coca Cola was purchased from "the Coca-Cola man from Dunn", and the bottle had "Dunn" written on the bottom will not suffice. Indeed, the operator of the delivery truck from defendant's plant, testifying for plaintiff, stated he did not...

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