Cernes v. Pittsburg Coca Cola Bottling Co.

The opinion of the court was delivered by

Wertz, J.:

This was an action, based upon breach of an implied warranty, to recover damages for personal injuries caused by drinking a part of a bottled beverage which contained a foreign substance. The basis of plaintiff’s action was that defendant in bottling and placing the beverage on the market for immediate human consumption impliedly warranted it was wholesome and fit for such purpose, and the contents of the bottle in question being unfit for human consumption, defendant thereby breached such implied warranty.

Defendant (appellant) alleged that…