Legal Opinion
Asher v. Coca Cola Bottling Company
Nebraska Supreme Court
Decided December 1, 1961No. 35045PublishedCited by 31 opinions
1Opinion of the CourtCarter, J.
This is an action by plaintiff to recover damages sustained in drinking a bottle of Coca Cola in which a dead mouse was found. The jury returned a verdict for the plaintiff in the amount of $2,000. The defendant has appealed.
The evidence shows that plaintiff' on June 10, 1959, entered the Eagle Cafe in Scottsbluff, Nebraska, and ordered a bottle of Coca Cola. The uncapped bottle of Coca Cola was served by a waitress with a straw inserted in the bottle. After drinking most of the contents through the straw he drank the balance from the bottle. He swallowed some foreign substance and upon…
2Cases cited15 opinions
- Jacob E. Decker & Sons, Inc. v. CappsTexas Supreme Court · 1942
- Coca-Cola Bottling Works v. SullivanTennessee Supreme Court · 1942
- Manzoni v. Detroit Coca-Cola Bottling Co.Michigan Supreme Court · 1961
- Colvin v. John Powell & CompanyNebraska Supreme Court · 1956
- Benedict v. Eppley Hotel Co.Nebraska Supreme Court · 1954
10 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- John D. Melia, Special Administrator of the Estate of Pearl Lorraine Norgaard, Deceased v. Ford Motor Company, a CorporationCourt of Appeals for the Eighth Circuit · 1976
- Schneider v. Chrysler Motors Corp.Court of Appeals for the Eighth Circuit · 1968
- Kohler v. Ford Motor CompanyNebraska Supreme Court · 1971
- Anderson v. Service Merchandise Co., Inc.Nebraska Supreme Court · 1992
- Picker X-Ray Corp. v. General Motors Corp.District of Columbia Court of Appeals · 1962
26 more not listed; retrieve them via the Exa API.