Watson v. Augusta Brewing Co.
Supreme Court of Georgia
Action for damages. Before Judge Hammond. Richmond superior court. August 17, 1905. The allegations of the petition were substantially as follows; The Augusta Brewing Company is a Georgia corporation engaged in the manufacture of certain drinks, among them soda-water,' which it sold as a refreshing and harmless drink.
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Action for damages. Before Judge Hammond. Richmond superior court. August 17, 1905. The allegations of the petition were substantially as follows; The Augusta Brewing Company is a Georgia corporation engaged in the manufacture of certain drinks, among them soda-water,' which it sold as a refreshing and harmless drink. On. a named-date it sold to a merchant in Thomson, Georgia, some of its soda-water, which the merchant placed on sale, “relying on the implied warranty of defendant that said soda-water was suitable for salable purposes as a refreshing and harmless drink. Some of this soda-water…
1Opinion of the CourtCandler, J.
(After making the foregoing statement.) 1. When a manufacturer makes, bottles, and sells to the retail trade, to be again sold to the general public, a beverage represented to be refreshing and harmless, he is under a legal duty' to see to it that in the process of bottling no foreign substance shall be mixed with the beverage which, if taken into the human stomach, will be injurious. The case of Woodward v. Miller, 119 Ga. 618, is hardly in point; for in that ease the manufacturer knew of the defect and fraudulently concealed it from the purchaser. Blood Balm Co. v. Cooper, 83 Ga. 457, while…
2Cases cited3 opinions
- Hudgins v. Coca Cola Bottling Co.Supreme Court of Georgia · 1905
- Blood Balm Co. v. CooperSupreme Court of Georgia · 1889
- Woodward v. MillerSupreme Court of Georgia · 1904
3Cited by55 opinions
- Mazetti v. Armour & Co.Washington Supreme Court · 1913
- Friend v. Childs Dining Hall Co.Massachusetts Supreme Judicial Court · 1918
- Payne v. Rome Coca-Cola Bottling Co.Court of Appeals of Georgia · 1912
- Davis v. Van Camp Packing Co.Supreme Court of Iowa · 1920
- Ward v. Great Atlantic & Pacific Tea Co.Massachusetts Supreme Judicial Court · 1918
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