MARTIN v. COCA COLA BOTTLING INC.

No. 33272.

48 Wn.2d 444 (1956)

294 P.2d 429

ERNEST MARTIN, Respondent, v. COCA COLA BOTTLING INCORPORATED, Appellant.

The Supreme Court of Washington, Department One.

March 1, 1956.


Attorney(s) appearing for the Case

George H. Bovingdon, for appellant.

Jay W. Hamilton, Jr. (of Walthew, Oseran & Warner), for respondent.


FINLEY, J.

Plaintiff brought this action for damages allegedly sustained as the result of drinking from a bottle of Coco Cola and discovering a partially decomposed spider in the unconsumed portion of the contents of the bottle. The jury returned a verdict in favor of the plaintiff in the sum of one thousand dollars. Defendants timely moved for a new trial. The order of the trial judge denying a new trial stated:

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