Crigger v. Coca-Cola Bottling Co.
Tennessee Supreme Court
FROM SHELBY. Appeal from the Circuit Court of Shelby County to the Court of Civil Appeals, and by certiorari from the Court of Civil Appeals to the Supreme Court. — Hon. A. B. Pittman, Judge.
1Opinion of the CourtJustice Fancher
The plaintiff drank a bottle of Coca-Cola, a beverage sold generally on the market as wholesome and harmless. In doing so he took into his mouth, and partially swallowed, a decomposed mouse, which caused him to become very sick, and he sues for damages. The defendant does not make the beverage, but buys it in barrels from the manufacturer and bottles it.
The bottle in question was sold by defendant to a local dealer and by him sold to plaintiff.
The question presented is, whether a bottling company engaged in bottling Coca-Cola, a beverage made *547by another, warrants to the ultimate consumer that…
2Cases cited13 opinions
- Huset v. J. I. Case Threshing Mach. Co.Court of Appeals for the Eighth Circuit · 1903
- Wellington v. Downer Kerosene Oil Co.Massachusetts Supreme Judicial Court · 1870
- Tomlinson v. Armour & Co.Supreme Court of New Jersey · 1908
- Bishop v. WeberMassachusetts Supreme Judicial Court · 1885
- Farrell v. Manhattan Market Co.Massachusetts Supreme Judicial Court · 1908
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3Cited by43 opinions
- Jacob E. Decker & Sons, Inc. v. CappsTexas Supreme Court · 1942
- Friend v. Childs Dining Hall Co.Massachusetts Supreme Judicial Court · 1918
- Davis v. Van Camp Packing Co.Supreme Court of Iowa · 1920
- Coca-Cola Bottling Works v. SullivanTennessee Supreme Court · 1942
- Nock v. Coca Cola Bot. Wks. Pgh.Superior Court of Pennsylvania · 1931
38 more not listed; retrieve them via the Exa API.