Supreme Court of North Carolina October 9, 1940 (Manning v. . Hines Co.)

Civil action by ultimate consumer to recover of manufacturer or bottler damages resulting from drinking bottled beverage containing noxious substance. On 25 June, 1938, the plaintiff purchased a bottle of Coca-Cola from a filling station in Lenoir County. It is in evidence that upon drinking the Coca-Cola the plaintiff found glass in the bottle, and was seriously injured as a result thereof.