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RUTHERFORD v. HUNTINGTON COCA-COLA BOTTLING CO.

No. 10839.

97 S.E.2d 803 (1957)

Lula RUTHERFORD v. HUNTINGTON COCA-COLA BOTTLING CO.

Supreme Court of Appeals of West Virginia.

Decided April 11, 1957.

Attorney(s) appearing for the Case

Jenkins & Jenkins, John E. Jenkins, John E. Jenkins, Jr., Huntington, for plaintiff in error.

No appearance for defendant in error.

BROWNING, Judge.

In this action of trespass on the case, the plaintiff, Lula Rutherford, seeks to recover for lacerations, physical discomfort and mental anguish, allegedly sustained when she drank from a bottle of soft drink, bottled by the defendant, Huntington Coca-Cola Bottling Company, which bottle allegedly contained numerous small particles of glass. The case was tried to a jury, which returned a verdict in her favor in the amount of $1,500, and judgment was...

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