Rupp v. Norton Coca-Cola Bottling Co.

The opinion of the court was delivered by

Parker, C. J.:

Letha Rupp and Della Connell, sisters, brought separate actions in the district court of Norton County, based upon the breach of an implied warranty, against Norton Coca-Cola Bottling Company, Inc., to recover damages for personal injuries alleged to have been sustained as the result of drinking from a single bottle of coca-cola which contained a centipede.

When pleadings were filed in each action, so similar in form, allegations and substance as to make it appear the fundamental issues involved were almost identical, the trial court made…