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PHILLIPS v. PEPSI-COLA BOTTLING COMPANY

No. 394.

125 S.E.2d 30 (1962)

256 N.C. 728

Kathryn PHILLIPS, by her Next Friend, W. R. Phillips, v. PEPSI-COLA BOTTLING COMPANY and Ed Owens.

Supreme Court of North Carolina.

April 18, 1962.

Attorney(s) appearing for the Case

R. B. Dawes and James E. Ramsey, Roxboro, for plaintiff appellant.

Reade, Fuller, Newsom & Graham, by A. H. Graham, Jr., and Josiah S. Murray, III, Durham, for Bottling Company.

Charles B. Wood, Roxboro, for Ed Owens.

RODMAN, Justice.

Plaintiff testified: "I bought six Pepsi-Colas and they were in a Pepsi-Cola carton which had a handle on it." We treat this as meaning the bottled drinks were in the carton when the purchase was made, notwithstanding the testimony of plaintiff's adult companion: "I am not sure whether Mr. Owens gave them a carton."

Plaintiff testified: "I carried the Pepsi-Cola in my right hand and carried ice cream in a paper bag in my other hand. I was...

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