Hudgins v. Coca Cola Bottling Co.
Supreme Court of Georgia
Action for damages. Before Judge Reid. City court of Atlanta. May 28, 1904. The petition' alleged, in substance: On July 15, 1903, the defendant was engaged in the manufacture and sale of bottled coca cola. On that date-the plaintiff, who was a grocery merchant, bought from an agent of the defendant a case of bottled coca cola, to be resold at the grocery store.
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Action for damages. Before Judge Reid. City court of Atlanta. May 28, 1904. The petition' alleged, in substance: On July 15, 1903, the defendant was engaged in the manufacture and sale of bottled coca cola. On that date-the plaintiff, who was a grocery merchant, bought from an agent of the defendant a case of bottled coca cola, to be resold at the grocery store. On or about July 25, while the • plaintiff was handling one of the bottles of coca cola, it exploded and seriously injured him. “ Said bottle exploded by reason of the negligence of defendant, in that the said coca cola was improperly…
1Opinion of the CourtFish, P. J.
As the plaintiff did not except to the order sustaining the special demurrer to the original petition and requiring him to amend, it must be assumed that this judgment was correct. The amendment did not cure the defects in the original petition pointed out by this special demurrer, unless the allegations with reference to the plaintiff’s inability to ascertain the real cause of the explosion had this effect. The only question, therefore, presented for decision is whether or not it is sufficient to aver, in a suit for an alleged negligent injury, that the plaintiff has been unable to ascertain…
2Cases cited7 opinions
- Palmer Brick Co. v. ChenallSupreme Court of Georgia · 1904
- Chicago City Railway Co. v. JenningsIllinois Supreme Court · 1895
- Pullman Palace Car Co. v. MartinSupreme Court of Georgia · 1893
- Seaboard Air-Line Railway v. PierceSupreme Court of Georgia · 1904
- San Antonio & Aransas Pass Railway Co. v. AdamsCourt of Appeals of Texas · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by79 opinions
- Williams v. GrierSupreme Court of Georgia · 1943
- Nathan v. DuncanCourt of Appeals of Georgia · 1966
- Payne v. Rome Coca-Cola Bottling Co.Court of Appeals of Georgia · 1912
- Watson v. Augusta Brewing Co.Supreme Court of Georgia · 1905
- Roadway Express Inc. v. McBroomCourt of Appeals of Georgia · 1939
74 more not listed; retrieve them via the Exa API.