GARDNER v. SUMNER

6 Div. 701.

113 So.2d 523 (1959)

W. C. GARDNER et al. d/b/a 7-Up Bottling Company v. Loyd SUMNER.

Court of Appeals of Alabama.

June 23, 1959.


Attorney(s) appearing for the Case

Tweedy & Beech, Jasper, for appellant.

Fite & Fite and Bill Fite, Hamilton, for appellee.


HARWOOD, Presiding Judge.

In the suit below Loyd Sumner filed his complaint in four counts claiming damages for physical illness and suffering proximately resulting from defendants' negligence in bottling and selling a bottle of root beer for use by the public, which bottle contained foreign poisonous matter, and which was drunk by the plaintiff.

The jury returned a verdict in favor of the plaintiff, and fixed his damages at $400.00. Judgment was entered accordingly...

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