Legal Opinion

Mitchell v. Coca-Cola Bottling Co.

Appellate Division of the Supreme Court of the State of New York

Decided May 16, 1960PublishedCited by 9 opinions

1Opinion of the Court

Appeal from a judgment of the Rensselaer County Court which reversed a judgment of the Troy City Court for the appellants in the amount of $255. These actions were brought for damages sustained as a result of the infant appellant drinking some Coca-Cola containing a foreign substance and were tried before the Troy City Court sitting without a jury. Evidence was produced from which it could be found that the infant opened a bottle of Coca-Cola, drank some, felt something in her throat which she pulled out and which was some kind of insect. She vomited then and again a half hour later, was…

2Cases cited3 opinions

  1. Meiselman v. Crown Heights Hospital, Inc.New York Court of Appeals · 1941
  2. Shaw v. TagueNew York Court of Appeals · 1931
  3. Trembley v. Coca-Cola Bottling Co.Appellate Division of the Supreme Court of the State of New York · 1955

3Cited by9 opinions

  1. Johnson v. BenderIndiana Court of Appeals · 1977
  2. Porrazzo v. Bumble Bee Foods, LLCDistrict Court, S.D. New York · 2011
  3. Lanpont v. Savvas Cab Corp.Appellate Division of the Supreme Court of the State of New York · 1997
  4. Brown v. County of AlbanyAppellate Division of the Supreme Court of the State of New York · 2000
  5. Parrott v. PelusioAppellate Division of the Supreme Court of the State of New York · 1978

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