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TEDDER v. PEPSI-COLA BOTTLING CO. OF RALEIGH, N. C.

No. 541.

154 S.E.2d 337 (1967)

270 N.C. 301

Ella Mae TEDDER v. PEPSI-COLA BOTTLING COMPANY OF RALEIGH, N. C., Inc. and Colonial Stores, Inc., t/a K-Mart Foods.

Supreme Court of North Carolina.

May 10, 1967.

Attorney(s) appearing for the Case

Yarborough, Blanchard, Tucker & Yarborough, Raleigh, for plaintiff appellant.

Teague, Johnson, Patterson, Dilthey & Clay, by I. Edward Johnson, Raleigh, for defendant Bottling Co.

Smith, Leach, Anderson & Dorsett by Henry A. Mitchell, Jr., Raleigh, for defendant Colonial Stores.

HIGGINS, Justice.

The testimony presented at the trial was free from material conflict. The President of Pepsi-Cola Bottling Company of Raleigh, N. C., Inc. was adversely examined as plaintiff's witness. He testified: "During the month of June, 1965, we would run 200,000 bottles per day. It is not uncommon to run 10,000 cases or 240,000 bottles a day on the equipment. * * * during the month of June, 1965, to my knowledge...

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