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ASHER v. COCA COLA BOTTLING COMPANY

No. 35045.

112 N.W.2d 252 (1961)

172 Neb. 855

Kale L. ASHER, Appellee, v. COCA COLA BOTTLING COMPANY, a Corporation, Appellant.

Supreme Court of Nebraska.

December 1, 1961.

Attorney(s) appearing for the Case

Wright & Simmons, James R. Hancock, Scottsbluff, for appellant.

Lyman & Winner, Scottsbluff, for appellee.

Heard before CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH and BROWER, JJ.

CARTER, Justice.

This is an action by plaintiff to recover damages sustained in drinking a bottle of Coca Cola in which a dead mouse was found. The jury returned a verdict for the plaintiff in the amount of $2,000. The defendant has appealed.

The evidence shows that plaintiff on June 10, 1959, entered the Eagle Cafe in Scottsbluff, Nebraska, and ordered a bottle of Coca Cola. The uncapped bottle of Coca Cola was served by a waitress with a straw inserted in...

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