RYAN v. GALVESTON MODEL DAIRY

No. 15806.

473 S.W.2d 536 (1971)

Tommie RYAN, Appellant, v. GALVESTON MODEL DAIRY, Appellee.

Court of Civil Appeals of Texas, Houston.

November 18, 1971.


Attorney(s) appearing for the Case

O. Otis Bakke, Dalton Jones, Houston, for appellant.

Mills, Shirley, McMicken & Eckel, Preston Shirley, Galveston, for appellee.


BELL, Chief Justice.

Appeal is from a judgment that appellant take nothing after the court, on motion of appellee, withdrew the case from the jury at the close of appellant's evidence.

Appellant's suit was to recover damages allegedly resulting to him when he drank a small part of a quart of chocolate milk on the morning of October 14, 1968. He bought it from H & B Food Store, a retail outlet. There is evidence...

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