Castro v. Payco, Inc
In Castro v. Payco, Inc., 75 P.R.R. 59, 68 (1953), the Supreme Court of Puerto Rico, with a modification not material here, affirmed a judgment awarding damages to the plaintiff for personal injuries of the same general nature as those suffered by the plaintiff herein caused by eating unwholesome wholesome ice cream.
The award in that case was sustained on the theory of breach of implied warranty, but the ice cream was purchased by the plaintiff directly from the defendant, the manufacturer, through one of its sales agents.
Thus, in Castro there was privity of contract between the plaintiff-consumer and the defendant-manufacturer which is not the situation in the case at bar, for here the plaintiff purchased the Coca-Cola from an independent retailer.