Legal Opinion

Bellingrath v. Anderson

Supreme Court of Alabama

Decided May 1, 1919No. 3 Div. 385PublishedCited by 18 opinions

Appeal from Circuit Court, Montgomery County; Gaston Gunter, Judge. Action by Mrs. C. W. Anderson against W. A. Bellingratb. Prom a judgment for plaintiff, defendant appeals. Transferred from Court of Appeals under section 6, p. 449, Acts 1911.

1Opinion of the Court

McClellan, j.

The plaintiff (appellee) sued the defendant (appellant) for damages proximately resulting to her because of the negligence of the defendant who was engaged in bottling and selling to the retail trade, to be sold to the public, a beverage called “Coca-Cola.” The plaintiff’s case was this: She purchased from a retailer a bottle of “Coca-Cola,” put up by the 'defendant, in which there was a dead mouse; innocently drank a part of the bottle; was in a degree poisoned; was made acutely sick, requiring the care of a physician; and suffered great discomfort from nausea, etc., for many…

2Cases cited5 opinions

  1. Dancy v. RatliffSupreme Court of Alabama · 1917
  2. Faught v. LeithSupreme Court of Alabama · 1918
  3. Hale v. Tennessee Coal, Iron & R. R.Supreme Court of Alabama · 1913
  4. Seaboard Air Line Ry. Co. v. PembertonSupreme Court of Alabama · 1918
  5. McPherson v. HoodSupreme Court of Alabama · 1915

3Cited by18 opinions

  1. Birmingham Chero-Cola Bottling Co. v. ClarkSupreme Court of Alabama · 1921
  2. City of Montgomery v. FergusonSupreme Court of Alabama · 1922
  3. Whistle Bottling Co. v. SearsonSupreme Court of Alabama · 1922
  4. Houston Coca-Cola Bottling Co. v. KelleyCourt of Appeals for the Fifth Circuit · 1942
  5. Jones v. Gulf States Steel Co.Supreme Court of Alabama · 1921

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