Simmons v. Wichita Coca-Cola Bottling Co.

The opinion of the court was delivered by

Wertz, J.:

This was an action based on breach of an implied warranty to recover damages for personal injuries caused by drinking part of a bottle of Coca-Cola which contained a packet of safety matches. The trial resulted in a judgment in favor of the plaintiff, and defendant appeals. The basis of plaintiff’s action was that defendant in bottling and putting the Coca-Cola on the market for immediate human consumption impliedly warranted that it was fit for that purpose, and the contents of the bottle in question being unfit for human consumption…