Faucette v. Lucky Stores, Inc.

Plaintiff bought a six-pack cardboard carton of “king-size” bottles of Coca-Cola at a Burlingame unit of Lucky Stores on June 29, 1959, serving herself out of an open refrigerated cooler box, and while carrying the carton of six bottles up the driveway at her daughter’s apartment several blocks away the bottom of the carton split down the folding seam lengthwise along the bottom and the bottles fell to the pavement. This caused two of the bottles to break and glass from one of them lacerated her leg.

Plaintiff filed suit and proceeded to trial against the bottler, Coca-Cola Bottling Company of…