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WELCH v. COCA-COLA BOTTLERS' ASSOCIATION

No. 3880.

380 S.W.2d 26 (1964)

Odell WELCH, Appellant, v. The COCA-COLA BOTTLERS' ASSOCIATION, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied June 19, 1964.

Attorney(s) appearing for the Case

Lefkowitz, Green, Ginsberg, Eades & Gilmore, Jack D. Eades, Dallas, for appellant.

Jackson, Walker, Winstead, Cantwell & Miller, W. B. Patterson, Dallas, for appellee.

COLLINGS, Justice.

Odell Welch brought suit against Coca-Cola Bottlers' Association to recover damages for personal injuries which plaintiff claimed to have sustained by drinking a portion of a bottle of coca-cola containing a foreign substance which plaintiff alleged the defendant had bottled. At the close of plaintiff's evidence the defendant made a motion for an instructed verdict on two grounds, (1) that there was no evidence the bottle of coca-cola had been bottled...

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