CRYSTAL COCA-COLA BOTTLING CO. v. CATHEY

No. 6367.

83 Ariz. 163 (1957)

317 P.2d 1094

CRYSTAL COCA-COLA BOTTLING CO., a corporation, Appellant, v. Friou CATHEY, Appellee.

Supreme Court of Arizona.

November 19, 1957.


Attorney(s) appearing for the Case

Conner & Jones, and A.O. Johnson, Tucson, for appellant.

Martin S. Rogers, Tucson, for appellee.


PHELPS, Justice.

This appeal involves the liability of a beverage bottler to an ultimate consumer for personal injury damages sustained as a result of drinking a beverage containing a dead fly. The complaint alleges:

"* * * That the defendant is or was at all times hereinafter mentioned engaged in the bottling of, or preparation of, a beverage known as Coca Cola in individual bottles for human consumption and thereby warranted the substance contained in said...

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