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COCA-COLA BOTTLING CO. OF PLAINVIEW v. WHITE

No. 5661.

545 S.W.2d 279 (1976)

COCA-COLA BOTTLING COMPANY OF PLAINVIEW, Appellant, v. N. C. WHITE, Jr., Individually, and as next friend of Shelly White, a minor, appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied January 20, 1977.

Attorney(s) appearing for the Case

Aldridge, Harding & Aycock, Farwell, Crenshaw, Dupree & Milam, Lubbock, for appellant.

John M. Black, Friona, for appellee.

HALL, Justice.

N. C. White, Jr., brought this suit individually and on behalf of his minor daughter, Shelly, for damages they allegedly suffered because Shelly drank a beverage bottled by appellant, Coca-Cola Bottling Company of Plainview, which contained the remains of a mouse. Trial was to a jury which answered all special issues in favor of appellee's contentions. Among other findings, the jury found in answers to issues numbered as follows that (2) Shelly suffered...

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