Canterman v. Coca-Cola Bottling Co.

Marshall, J.,

This is an action of assumpsit to recover consequential damages by reason of a breach of an implied warranty of fitness. The case was tried before a jury, and the jury returned a verdict for defendant. Plaintiff filed a motion for a new trial based principally upon the ground that the court erred in permitting defendant to introduce the defense of “due care”.

Plaintiff based his claim upon a breach of warranty. He alleged in his statement of claim that the Coca-Cola *176Bottling Company of Pennsylvania, defendant, engaged in the manufacture and sale of a beverage called “Coca-Cola”…