Beckham v. Jacobs' Pharmacy Co.
Court of Appeals of Georgia
Action for damages; from Fulton superior court — Judge Pendleton. May 10, 1920. The action was for damages on account of alleged injury from drinking a beverage sold as harmless and refreshing, which the plaintiff alleged contained a poisonous or deleterious substance.
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Action for damages; from Fulton superior court — Judge Pendleton. May 10, 1920. The action was for damages on account of alleged injury from drinking a beverage sold as harmless and refreshing, which the plaintiff alleged contained a poisonous or deleterious substance. The petition as amended alleges: that on February 25, 1919, he went into a certain drug-store of the defendant and bought at the soda fountain a drink of coca-cola and celery, made in a glass goblet by an employee of the defendant; and, noticing a peculiar taste in the drink, he drank about three fourths of it, paid for it, and…
1Opinion of the CourtBroyles, C. J.
Conceding, but not deciding, that tlie petition as amended was subject to one or more of tlie special demurrers interposed, none of the special demurrers were passed upon, and the petition set out a cause of action, though it may have been defectively stated. The court, therefore, erred in dismissing the petition on general demurrer.
Judgment reversed.
Luke and Bloodworth, JJ., concur. Branch & Howard, Bond Almand, for plaintiff,
cited: Park’s *594Code, §§ 2099, 2101; Tomlinson v. Armour, 74 N. J. L. 780 (65 Atl. 883); Bishop v. Weber, 139 Mass. 411 (1 N. E. 154); Doyle v. Fuerst, 129 La. 838 (56…
2Cases cited9 opinions
- Doyle v. Fuerst & Kraemer, Ltd.Supreme Court of Louisiana · 1911
- Hudgins v. Coca Cola Bottling Co.Supreme Court of Georgia · 1905
- Bishop v. WeberMassachusetts Supreme Judicial Court · 1885
- Watson v. Augusta Brewing Co.Supreme Court of Georgia · 1905
- Ketterer v. Armour & Co.Court of Appeals for the Second Circuit · 1917
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Howard v. PhillipsCourt of Appeals of Georgia · 1931