DONWORTH, J.
Defendant appeals from a judgment entered upon a jury verdict in favor of plaintiff. The nature of the action is fairly summarized in the trial court's instruction No. 1 to the jury, as follows:
"This is an action to recover damages alleged to have been sustained by the plaintiff Wilmer O. Brown as the result of drinking part of the contents of a bottle of a soft drink called Coca-Cola, bottled by the defendant corporation.
"The Coca-Cola...
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