Legal Opinion

Birmingham Chero-Cola Bottling Co. v. Clark

Supreme Court of Alabama

Decided April 7, 1921No. 6 Div. 294PublishedCited by 41 opinions

Appeal from Circuit Court, Jefferson County; Richard V. Evans, Judge. Action by W. G. Clark against tbe Birmingham Chero-Cola Bottling Company for damages for putting upon the market a drink in a bottle containing flies. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals, under section 6, Acts 1911, p. 449. Amended count 1 is as follows: First count.

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Appeal from Circuit Court, Jefferson County; Richard V. Evans, Judge. Action by W. G. Clark against tbe Birmingham Chero-Cola Bottling Company for damages for putting upon the market a drink in a bottle containing flies. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals, under section 6, Acts 1911, p. 449. Amended count 1 is as follows: First count. The plaintiff claims of the defendant the sum' $5,000 as damages, for that, heretofore, on, to wit, May 10, 1919, and prior thereto, the defendant was engaged in the business of bottling a soft drink known as…

1Opinion of the CourtAnderson, C. J.

The question involved upon this appeal is whether or not this defendant, who prepared and put upon the market a bottle of beverage, purchased by the plaintiff from an intermediate dealer, and who was made sick from drinking same, because it contained a fly, can recover in an action ex contractu as for the breach of an implied warranty, or is confined to an action of tort for negligence.

[1] The warranty of the seller of personal property does not, as a rule, impose any liability upon him as to third persons who are in no way a party to the contract. 24 R. C. L. p. 158, § 431. The common-law…

2Cases cited10 opinions

  1. Olds Motor Works v. ShafferCourt of Appeals of Kentucky · 1911
  2. Watson v. Augusta Brewing Co.Supreme Court of Georgia · 1905
  3. Crigger v. Coca-Cola Bottling Co.Tennessee Supreme Court · 1915
  4. Jackson Coca Cola Bottling Co. v. ChapmanMississippi Supreme Court · 1914
  5. Blood Balm Co. v. CooperSupreme Court of Georgia · 1889

5 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. Jacob E. Decker & Sons, Inc. v. CappsTexas Supreme Court · 1942
  2. Defore v. Bourjois, Inc.Supreme Court of Alabama · 1958
  3. Tonsman v. GreenglassMassachusetts Supreme Judicial Court · 1924
  4. E. I. Du Pont De Nemours & Co. v. BaridonCourt of Appeals for the Eighth Circuit · 1934
  5. Norfolk Coca-Cola Bottling Works, Inc. v. KrausseSupreme Court of Virginia · 1934

36 more not listed; retrieve them via the Exa API.

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