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COCA-COLA BOTTLING COMPANY v. EVERETT

No. 40989.

234 Miss. 882 (1959)

108 So.2d 545

COCA-COLA BOTTLING COMPANY, INC. v. EVERETT

Supreme Court of Mississippi.

January 19, 1959.

Attorney(s) appearing for the Case

Mize, Thompson & Mize, Gulfport, for appellant.

Morse & Morse, Gulfport, for appellee.

HALL, J.

The appellant appeals from a judgment against it in favor of the appellee for damages for a decomposed roach in a bottle of Coca-Cola.

(Hn 1) The declaration was not based upon a breach of warranty but upon negligence. But, in either case, the burden was upon appellee to show that the appellant manufactured the beverage in question.

The appellee produced no proof whatsoever as to the...

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