Legal Opinion

Gardner v. Baker

Alabama Court of Appeals

Decided June 30, 1959No. 6 Div. 657PublishedCited by 6 opinions

1Opinion of the Court

CATES, Judge.

This is an appeal from a judgment of the Walker Circuit Court based on a verdict awarding Mrs. Baker $450 damages for being made sick and ill by negligence in manufacturing a carbonated beverage, Seven Up, in that a rotten roach was found in a bottle of Seven Up from which Mrs. Baker drank.

Viewing the evidence from the verdict, we have the following:

Mrs. Baker was in a store in Sumiton where she bought and proceeded to drink a Seven Up. She saw something in it that gave her the first impression of being ice, since it looked “slushy.” A better look revealed a lot of small stuff…

2Cases cited4 opinions

  1. Letson v. StateSupreme Court of Alabama · 1926
  2. Gardner v. SumnerAlabama Court of Appeals · 1959
  3. Reddock v. StateAlabama Court of Appeals · 1929
  4. Lee v. StateAlabama Court of Appeals · 1929

3Cited by6 opinions

  1. Gustafson v. Gate City Co-Op CreamerySouth Dakota Supreme Court · 1964
  2. Jasper Coca Cola Bottling Co. v. BreedAlabama Court of Appeals · 1959
  3. Opelika Coca-Cola Bottling Company v. JohnsonCourt of Civil Appeals of Alabama · 1970
  4. Wells v. StateCourt of Criminal Appeals of Alabama · 1976
  5. Vaughn v. StateCourt of Criminal Appeals of Alabama · 1979

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