TAFOYA v. LAS CRUCES COCA-COLA BOTTLING COMPANY

No. 5826.

278 P.2d 575 (1955)

59 N.M. 43

Rafael S. TAFOYA and Rosario Tafoya, Plaintiffs-Appellees, v. LAS CRUCES COCA-COLA BOTTLING COMPANY, a Corporation, Defendant-Appellant.

Supreme Court of New Mexico.

January 4, 1955.


Attorney(s) appearing for the Case

J.D. Weir and L.J. Maveety, Las Cruces, for appellant.

Gerald D. Fowlie, Albuquerque, for appellees.


McGHEE, Justice.

A verdict and judgment in favor of the plaintiffs on complaint in tort alleging the purchase and partial consumption of a bottled beverage containing foreign matter resulting in illness and damage to plaintiff, Rosario Tafoya, for the sum of $300 is the subject of attack on appeal by defendant.

Defendant's first point asserts as error the denial by the trial court of its motions for a directed verdict at the close of plaintiffs' case and at...

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