Opinion
No. A-247.
Decided January 24, 1945.
Judgments — Writ of Error.
Where the Supreme Court is of the opinion that a correct judgment has been entered by the Court of Civil Appeals it will refuse an application for writ of error for want of merit.
Error the Court of Civil Appeals for the Fifth District, in an appeal from Grayson County.
This is an action for personal injuries sustained by Mrs. Nellie Jennings, wife of E.O. Jennings, from drinking a bottle of coca cola alleged to have been produced by the Bonham Coca Cola Bottling Company. The allegation is that the bottle was so contaminated by particles of glass as to injure her mouth, throat, intestinal and digestive organs, causing severe pain and suffering. A judgment of the trial court in favor of plaintiffs against the Bonham Coca Cola Bottling Company was reversed and remanded by the Court of Civil Appeals, 181 S.W.2d 97, and the coca cola company has brought error to the Supreme Court.
Upon hearing of the application it was granted, but upon considering the record that order was set aside and the application was refused for want of merit.
Webb Webb, of Sherman, and Gullett Gullett, of Denison, for petitioners.
Robertson, Leachman, Paine, Gardere Lancaster and Henry D. Akin, all of Dallas, for respondent.
Having carefully considered the record of this cause and the argument upon submission, we have concluded that "the Court of Civil Appeals has entered the correct judgment." Accordingly the Court directs that the order granting the writ of error be set aside and the application therefor be refused for want of merit under the authority of rule 500.
It is so ordered.
Opinion adopted by the Supreme Court January 24, 1945.