Legal Opinion
Houston Coca-Cola Bottling Co. v. Kelley
Court of Appeals for the Fifth Circuit
Decided December 7, 1942No. 10202PublishedCited by 19 opinions
1Opinion of the Court
HUTCHESON, Circuit Judge.
The suit was for damages for personal injuries caused plaintiff, Mrs. Kelley, by glass taken into her mouth while drinking from a coca-cola bottle, filled, capped and distributed by defendant for resale to the public. The negligence claimed was failure to exercise ordinary care to prevent pieces of glass from getting into the bottle while it was being filled, and to inspect it before it was sold and delivered, with glass in it, for resale to the public.
A trial to a jury resulted in a verdict and judgment for $10,300, and defendant has appealed, assigning two errors as…
2Cases cited18 opinions
- Fairmount Glass Works v. Cub Fork Coal Co.Supreme Court of the United States · 1933
- Minneapolis, St. Paul & Sault Ste. Marie Ry. Co. v. MoquinSupreme Court of the United States · 1931
- Maryland Casualty Co. v. ReidCourt of Appeals for the Fifth Circuit · 1935
- Department of Water and Power v. AndersonCourt of Appeals for the Ninth Circuit · 1938
- Brabham v. Mississippi Ex Rel. SmithCourt of Appeals for the Fifth Circuit · 1938
13 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Robert Lee Wilson v. Irvin T. Taylor, as Acting Chairman and Examiner, Civil Service Board, Winter Park, FloridaCourt of Appeals for the Eleventh Circuit · 1984
- George W. Whiteman v. Elsoyd PitrieCourt of Appeals for the Fifth Circuit · 1955
- William C. Hatfield v. Seaboard Air Line Railroad Company, Seaboard Air Line Railroad Company v. William C. HatfieldCourt of Appeals for the Fifth Circuit · 1968
- Alexander Silverman and Mrs. Ethel Silverman v. Travelers Insurance Company and David A. LarsonCourt of Appeals for the Fifth Circuit · 1960
- Lowry v. Seaboard Airline R. Co.Court of Appeals for the Fifth Circuit · 1948
14 more not listed; retrieve them via the Exa API.