Legal Opinion

Jackson Coca Cola Bottling Co. v. Chapman

Mississippi Supreme Court

Decided March 15, 1914PublishedCited by 41 opinions

Appeal from the circuit court of Hinds county.' Horn W. A. HeNRy, Judge. Suit by Harry Chapman, by his next -friend Nellie Chapman, ag’ainst the Jackson Coca Cola Bottling Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

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Appeal from the circuit court of Hinds county.' Horn W. A. HeNRy, Judge. Suit by Harry Chapman, by his next -friend Nellie Chapman, ag’ainst the Jackson Coca Cola Bottling Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. In 29 Cyc. 486, it is stated that “As to the principle upon which those who deal in unwholesome food are liable to persons injured thereby, the authorities do not seem to be altogether harmonious.” The footnotes refer to Salmon v. Libby, 114 Ill. App. 258, and to Craft v. Parker, 98 Mich. 248, and to Van…

1Opinion of the CourtReed, J.

A “sma’ mousie” caused the trouble in this case. The “•weé, sleekit, 'cow’rin,’ tim’rous beastie” drowned in a bottle of coca-cola. How it happened is not told:

■There is. evidence for appellant that its system for cleansing- and' «filling bottles is complete, and that there is-: watchfulness to prevent the introduction of foreign substances/ : Nevertheless the little creature was in the *869bottle. It had been there long enough to he swollen and undergoing decomposition when the bottle was purchased from the grocer and opened by appellee. Its presence in the bottle was not discovered until…

2Cases cited1 opinion

  1. Watson v. Augusta Brewing Co.Supreme Court of Georgia · 1905

3Cited by41 opinions

  1. Kirkland v. General Motors CorporationSupreme Court of Oklahoma · 1974
  2. Friend v. Childs Dining Hall Co.Massachusetts Supreme Judicial Court · 1918
  3. Davis v. Van Camp Packing Co.Supreme Court of Iowa · 1920
  4. Rose Acre Farms, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2009
  5. Goldman & Freiman Bottling Co. v. SindellCourt of Appeals of Maryland · 1922

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