Asher v. Coca Cola Bottling Co – Case Brief Summary (Nebraska)

In Asher v. Coca Cola Bottling Co., 172 Neb. 855, 112 N.W.2d 252 (1961), the doctrine was held to apply and therefore to support a finding that a bottling company was negligent when it sold and delivered a bottle of soda pop containing a mouse to a cafe several days before the cafe sold the bottle to the plaintiff, notwithstanding the defendant's argument that a competitor or a prankster could have placed the mouse in the bottle and recapped it while the bottle was in the possession of the cafe.

The Asher court noted that there was no evidence of tampering by anyone and that the jury had a reasonable basis for finding that the mouse was in the bottle when it was delivered to the cafe.