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WASHINGTON COCA-COLA BOTTLING WORKS v. TAWNEY

No. 13115.

233 F.2d 353 (1956)

WASHINGTON COCA-COLA BOTTLING WORKS, Inc., Appellant, v. Eula A. TAWNEY, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 24, 1956.

Petition for Rehearing Denied July 2, 1956.

Attorney(s) appearing for the Case

Mr. Cornelius H. Doherty, Washington, D. C., for appellant.

Mr. Ralph F. Berlow, Washington, D. C., with whom Messrs. William T. Hannan, Joseph F. Castiello, and Kent D. Thorup, Washington, D. C., were on the brief, for appellee.

Before EDGERTON, Chief Judge, and BASTIAN and BURGER, Circuit Judges.

Petition for Rehearing en Banc Denied July 2, 1956.

BURGER, Circuit Judge.

Appellee was awarded a jury verdict of $5,500 for personal injuries, and special damages incurred and anticipated, caused by fragments of a coca-cola bottle introduced into appellee's system while she was drinking a beverage bottled and sold by the appellant.

The trial court admitted in evidence under the so-called Federal Shop Book Rule,1 entries...

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