Sharp v. Pittsburg Coca Cola Bottling Co.

The opinion of the court was delivered by

Robb, J.:

This was an action based on breach of an implied warranty to recover damages for personal injuries sustained by plaintiff as a result of consuming a swallow from a bottle of car*846bonated beverage containing foreign substances. Plaintiff recovered and defendant appeals.

On April 26, 1954, plaintiff, a woman sixty-eight years of age, while cleaning the offices of a doctor in the Globe Building at Pittsburg, purchased a bottle of Coca Cola (which had been bottled in defendant’s plant) from a dispensing machine that was owned, serviced, and operated…