Manzoni v. Detroit Coca-Cola Bottling Co.
Michigan Supreme Court
1Opinion of the CourtSmith, J.
The cases before us are upon implied warranty. One plaintiff is Theresa Manzoni. It is her claim that she was injured as a result of drinking Coca Cola in which something foreign was present. The other plaintiff, her husband, claims damages for medical expenses and loss of services. The cases were consolidated for trial and appeal.
In the store where the Coca Cola in question was-purchased, some 4 or 5 days before it was consumed,, it was set out on the floor, in cases stacked one on top of another, in fact, all over the place. A case was taken home by Mr. Manzoni and kept in a heated basement.
2Cases cited15 opinions
- MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
- Henningsen v. Bloomfield Motors, Inc.Supreme Court of New Jersey · 1960
- Jacob E. Decker & Sons, Inc. v. CappsTexas Supreme Court · 1942
- Carter v. Yardley & Co.Massachusetts Supreme Judicial Court · 1946
- Spence v. Three Rivers Builders & Masonry Supply, Inc.Michigan Supreme Court · 1958
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3Cited by48 opinions
- Moning v. AlfonoMichigan Supreme Court · 1977
- Piercefield v. Remington Arms Co.Michigan Supreme Court · 1965
- Alvery Pack v. Damon Corporation, General R v. CenterCourt of Appeals for the Sixth Circuit · 2006
- Cova v. Harley Davidson Motor Co.Michigan Court of Appeals · 1970
- Robert D. Putman v. Erie City Manufacturing CompanyCourt of Appeals for the Fifth Circuit · 1964
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