Soetaert v. Kansas City Coca Cola Bottling Co.

WHITTAKER, District Judge.

Plaintiff, an eight-year-old girl, brings this action, by next friend, for damages for a bodily injury sustained by her when a bottle of Coca-Cola, which she was placing in the refrigerator in her home, is alleged to have “exploded” and a fragment *2or fragments of the glass bottle pierced the cornea of her left eye.

After answering; defendant moved, under Rule 34 of Federal Rules of Civil Procedure, 28 U.S.C.A., for an order requiring plaintiff to produce said bottle and all fragments thereof and to permit defendant to submit the same to Dr. Oscar G. Fryer, of Drury…