Coca-Cola Bottling Co. v. Barksdale
Alabama Court of Appeals
Appeal from Circuit Court, Dallas County; B. M. Miller, Judge. Action by H. L. Barksdale against the Coca-Cola Bottling Company for damages for personal injuries received from drinking an imperfect bottle of Coca-Cola. Judgment for the plaintiff in the sum of $500, and defendant appeals.
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Appeal from Circuit Court, Dallas County; B. M. Miller, Judge. Action by H. L. Barksdale against the Coca-Cola Bottling Company for damages for personal injuries received from drinking an imperfect bottle of Coca-Cola. Judgment for the plaintiff in the sum of $500, and defendant appeals. Amended count 1 is as follows: (1) Plaintiff claims of the defendant $2,500 as damages, for this, that defendant, while operating a business a part of which was the bottling and selling a beverage known as Coca-Cola, in Selma, Dallas county, Ala., during the month of February, 1919, did so negligently conduct…
1Opinion of the CourtMerritt, J.
[1] The judgment .from which the appeal is taken in. this case was rendered against the appellant in a suit for damages wherein it was alleged that appellant, being engaged in the business of bottling and selling a beverage known as Coca-Cola, did so negligently conduct its business as to bottle and sell a bottle of said beverage which contained a decomposed rat or mouse; a part of the contents of the J)ottle being drunk by appellee, who was made sick. The case was submitted to the jury on amended count No. 1, and the sufficiency of this amended count was questioned by demurrers to the same.…
2Cases cited22 opinions
- Huset v. J. I. Case Threshing Mach. Co.Court of Appeals for the Eighth Circuit · 1903
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1887
- Bishop v. WeberMassachusetts Supreme Judicial Court · 1885
17 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Norfolk Coca-Cola Bottling Works, Inc. v. KrausseSupreme Court of Virginia · 1934
- Ellis v. LindmarkSupreme Court of Minnesota · 1929
- Coca-Cola Bottling Co. of Ark. v. AdcoxSupreme Court of Arkansas · 1934
- Alabama Gas Co. v. JonesSupreme Court of Alabama · 1943
- Powell v. BinghamAlabama Court of Appeals · 1940
12 more not listed; retrieve them via the Exa API.