#### J. T. STRAUGHN v. CAPITAL, COCA-COLA COMPANY.

(Filed 22 November, 1933.)

Appeal by plaintiff from Crcmmer, J., at Second March Term, 1933, of Wake.

Civil action to recover damages for injury arising from tbe alleged negligence of tbe defendant in placing on tbe market a bottle of coca-cola containing tbe decomposed remains of a mouse, which was purchased by tbe plaintiff and partially consumed by him.

Upon denial of liability, tbe issue of negligence was answered by tbe jury in favor of tbe defendant. From judgment thereon, tbe plaintiff appeals, assigning errors.

Gatling & Morris for plaintiff.

J. N. Duncan, E. E. Duncan and Murray Allen for defendant.

Pek Oubiam.

Tbe case seems to' bave been tried in substantial conformity to tbe decisions on tbe subject. Corum v. Tobacco Co., ante, 213; Broadway v. Grimes, 204 N. C., 623, 169 S. E., 194; Perry v. Bottling Co., 196 N. C., 175, 145 S. E., 14. Tbe appeal presents no new question of law or one not heretofore settled by a number of decisions. Tbe verdict and judgment will be upheld.

No error.