McIntyre v. Kansas City Coca Cola Bottling Co.

RIDGE, District Judge.

In the above actions plaintiffs premise their right of recovery of damages from defendant for breach of implied warranty of merchantability, arising out of the sale of a bottle of coca cola, manufactured and bottled by defendant in the State of Missouri. The complaint charges that the infant plaintiff’s parents purchased six bottles of coca cola from an Atlantic and Pacific Tea Company Store; that six days after the purchase the plaintiff (approximately two years old) “was carrying one of the said bottles in the kitchen of her home, (when) said bottle of coca cola…