[Download] "Connell v. Norton Coca-Cola Bottling Co." by Supreme Court of Kansas " eBook PDF Kindle ePub Free

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eBook details

• Title: Connell v. Norton Coca-Cola Bottling Co.
• Author : Supreme Court of Kansas
• Release Date : January 10, 1960
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

The opinion of the court was delivered by This action was based upon a breach of an implied warranty and sought damages for personal injuries sustained as a result of drinking from a bottle of Coca-Cola which contained a centipede. The petition, after detailing the facts and circumstances surrounding the purchase of and drinking from the bottle of Coca-Cola, with the resulting nausea, vomiting and physical illness of plaintiff, alleged: "". . . that said bottle of Coca-Cola, as hereinbefore described, was manufactured, handled, distributed and sold by said defendant and said defendant impliedly warranted to the public and to plaintiff that said bottle of Coca-Cola and the contents thereof was fit and safe for human consumption and that it was so manufactured, bottled, handled and sold in a manner as not to be inherently or imminently dangerous. That the plaintiff relied on the said warranty, and the breach thereof, as hereinbefore alleged, by said defendant, resulted in the damages and injuries to plaintiff as above alleged for which plaintiff should have and recover judgment herein against said defendant for the sum of $7,500.00 and the costs of this action."" The answer and reply were in the form of a general denial. The following is a brief summary of plaintiff's evidence:

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