LaHue v. Coca Cola Bottling, Inc.

This is an appeal from a judgment in favor of the plaintiffs,in an action for damages arising out of the breach of an implied warranty, tried to the court.

February 16, 1955, plaintiff husband purchased 'a sealed bottle of Coca Cola from Andrew Rapuzzi, the owner of the Joy .House Tavern in Seattle. He took the unopened bottle to his apartment and gave it to his, wife. She opened it and, upon sipping it, discovered some foreign matter in the bottle. She immediately suffered nausea. Subsequently, the foreign matter was determined by a chemist to be protein material, presumably an animal tissue.…