Goldman & Freiman Bottling Co. v. Sindell
Court of Appeals of Maryland
Appeal from the Baltimore City Court (Sopbk, O. J.,). Action by Edwin Sindell against the Goldman & Freiman Bottling Company, Inc., on account of personal injuries. From a judgment for plaintiff in the sum of four hundred dollars, defendant appeals. The granted prayers of defendant were as follows : Defendant’s Fourth Prayer.
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Appeal from the Baltimore City Court (Sopbk, O. J.,). Action by Edwin Sindell against the Goldman & Freiman Bottling Company, Inc., on account of personal injuries. From a judgment for plaintiff in the sum of four hundred dollars, defendant appeals. The granted prayers of defendant were as follows : Defendant’s Fourth Prayer. The defendant prays the court to instruct the jury that under the undisputed testimony in this case, the defendant was not an insurer of the plain-' tiff’s health and safety while drinking the bottle of Whistle referred to in the testimony, and for a mere accident mixed…
1Opinion of the CourtOffutt, J.
On September 2.1st, 1919, Edwin Sin dell purchased at the “Bark Confectionery,” a store conducted by John Griffith and located at the corner of Bark Avenue and the Belair Road, in Baltimore (Tty, a bottle of a beverage called “Whistle.” The bottle was opened in his presence and handed to him, and he drank from it nearly all of its contents. While fie was in the act of drinking he felt “some sharp portions” in bis month and felt something “cut his throat as he was swallowing,''’ and upon examination he found that the sharp particles were glass and that some particles of glass remained in the…
2Cases cited9 opinions
- Griffen v. . ManiceNew York Court of Appeals · 1901
- Benedick v. PottsCourt of Appeals of Maryland · 1898
- Strasburger v. VogelCourt of Appeals of Maryland · 1906
- Jackson Coca Cola Bottling Co. v. ChapmanMississippi Supreme Court · 1914
- Boyd v. Coca Cola Bottling WorksTennessee Supreme Court · 1914
4 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Wichita Falls Traction Co. v. ElliottTexas Supreme Court · 1935
- Nichols v. NoldSupreme Court of Kansas · 1953
- Evangelio v. Metropolitan Bottling Co. Inc.Massachusetts Supreme Judicial Court · 1959
- Benkendorfer v. GarrettCourt of Appeals of Texas · 1940
- Thompson v. Burke Engineering Sales Co.Supreme Court of Iowa · 1960
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