Legal Opinion

Coca-Cola Bottling Co. of Henderson v. Munn

Court of Appeals for the Fourth Circuit

Decided October 4, 1938No. 4343PublishedCited by 15 opinions

1Opinion of the Court

SOPER, Circuit Judge.

The Bottling Company appeals from a judgment for $3,641, obtained by Garland Munn, plaintiff in the District Court, in a cause of action for injuries sustained in drinking the contents of a Coca-Cola bottle containing a deleterious substance. The action was based on the charge that the Bottling Company had negligently allowed sodium hydroxide and sodium carbonate to be bottled with the beverage, with the result that the plaintiff was burned when he opened the bottle and drank therefrom.

The plaintiff purchased a bottle of Coca-Cola from a merchant who kept a grocery store…

2Cases cited53 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Swift v. TysonSupreme Court of the United States · 1842
  3. Ruhlin v. New York Life InsuranceSupreme Court of the United States · 1938
  4. Boston & Albany Railroad v. O'ReillySupreme Court of the United States · 1895
  5. Davis v. Van Camp Packing Co.Supreme Court of Iowa · 1920

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3Cited by15 opinions

  1. Sampson v. ChannellCourt of Appeals for the First Circuit · 1940
  2. Frank R. Jelleff, Inc. v. Blanche K. BradenCourt of Appeals for the D.C. Circuit · 1956
  3. George W. Fassbinder v. Pennsylvania Railroad Company, a CorporationCourt of Appeals for the Third Circuit · 1963
  4. Highland Golf Club of Iowa Falls v. Sinclair Refining Co.District Court, N.D. Iowa · 1945
  5. The Coca-Cola Bottling Company of Puerto Rico, Inc. v. Hiram Negron TorresCourt of Appeals for the First Circuit · 1958

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