Butterfield v. Pepsi-Cola Bottling Co.

The opinion o£ the court was delivered by

Harman, C.:

In this action for damages for personal injury arising from a bursting soda water bottle plaintiff Corine M. Butterfield seeks recovery from defendant Pepsi-Cola Bottling Company of Wichita, Inc., for breach of implied warranty of fitness. Judgment was entered against plaintiff as a result of a jury’s adverse finding on this issue and she has appealed.

Plaintiff-appellant’s evidence at trial revealed the following:

She owned and operated a small grocery store in Milan, Kansas. Defendant-appellee bottled and distributed soft drinks, including…