Copher v. Barbee

STONE, Judge.

In this factually-unique rolling-exploding bottle case, the trial court, sitting as a jury, entered judgment for $3,429.80 in favor of plaintiff, Lola Mae Copher, and against defendants, E. L. Barbee d/b/a Royal Crown Bottling Company and Safeway Stores, Inc. From that judgment, Barbee and Safeway have perfected separate appeals, which have been consolidated for appellate disposition.

The accident under ' consideration occurred shortly after 8 P.M. on Wednesday, July 16, 1958, in Safeway’s self-service store in Webb City, Missouri. Plaintiff, 47 years of age, on an errand for her…