COCA COLA BOTTLING CO. OF FLAGSTAFF
Reversed and remanded for new trial.
Mangum & Flick, of Flagstaff, for appellant.
Platt & Greer, of St. Johns, for appellee.
Stanford, Justice. Udall, C. J., De Concini and La Prade, JJ., and Henry C. Kelly, Superior Court Judge, concurring. Note: Justice PHELPS being unable to take part in the case, the Hon. HENRY C. KELLY, Judge of the Superior Court of Yuma County, participated in his stead in the determination of this appeal.
[74 Ariz. 394] The Coca Cola Bottling Co. of Flagstaff, defendant in the lower court, and hereinafter referred to as appellant, appeals from a judgment of the court for $ 1,000 in favor of Hyrum Jones, plaintiff below, and hereinafter referred to as appellee, and from an order of the trial court denying its motion for a new trial.
Appellee sued to recover for injuries sustained by him as a result of drinking from a bottle of coca cola alleged to be contaminated on account of foreign matter contained therein. We will not set forth the facts leading up to and concerning the injury in detail as they are not pertinent to the assignments of error.
We feel it desirable to set forth the appellant's assignments of error, numbers I and II:
"The trial court erred in denying appellant's motion for a mistrial during
the voir dire examination of jurors, for the reason that the jury panel was not regularly drawn in accordance with constitutional ...