Harris v. Coca-Cola Bottling Co. of Chicago, Inc.

MR. PRESIDING JUSTICE McCORMICK

delivered the opinion of the court.

Robert Harris brought an action in the Municipal Court of Chicago against the Coca-Cola Bottling Company of Chicago, Inc. (hereafter referred to as the defendant). The action was brought to recover for damages alleged to have been sustained by the plaintiff as the result of drinking from a bottle of Coca-Cola in which there was a small dead rat or mouse. The suit was predicated on an alleged breach of an implied warranty that the beverage was free from defects and impurities and fit for human consumption. The jury returned a…