Legal Opinion
Trembley v. Coca-Cola Bottling Co.
Appellate Division of the Supreme Court of the State of New York
Decided March 9, 1955PublishedCited by 6 opinions
1Opinion of the CourtImrie, J.
This is an appeal by defendant from a judgment of Montgomery County Supreme Court and from an order denying motion to set aside the verdict and for a new trial.
Plaintiffs, husband and wife, sued to recover for injuries consequent upon the wife’s drinking from a coca-cola bottle said to contain a dead mouse. She had obtained the bottle from a vending machine owned; maintained and installed by defendant in the cafeteria of Luxuray Mills at Fort Plain, New York, where she was employed. There was substantial and uncontroverted testimony of several witnesses that the mouse was discovered in the…
2Cases cited3 opinions
- Saglimbeni v. West End Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1948
- Saglimbeni v. West End Brewing CompanyNew York Court of Appeals · 1949
- Wolinetz v. William Treib, Inc.Appellate Division of the Supreme Court of the State of New York · 1945
3Cited by6 opinions
- Markel v. SpencerAppellate Division of the Supreme Court of the State of New York · 1958
- Mitchell v. Coca-Cola Bottling Co.Appellate Division of the Supreme Court of the State of New York · 1960
- Walker v. Pepsico, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Vamos v. Coca-Cola Bottling Co.Civil Court of the City of New York · 1995
- United States v. Hooker Chemicals & Plastics Corp.District Court, W.D. New York · 1994
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