MINKUS v. COCA COLA BOTTLING CO. OF CALIFORNIA

No. 22072.

44 F.Supp. 10 (1942)

MINKUS et al. v. COCA COLA BOTTLING CO. OF CALIFORNIA.

District Court, N. D. California, S. D.

March 26, 1942.


Attorney(s) appearing for the Case

Gorman R. Silen, of San Francisco, Cal., for plaintiffs.

Jesse H. Steinhart and John J. Goldberg, both of San Francisco, Cal., for defendant.


ST. SURE, District Judge.

The question for decision is whether the parents of a minor may recover damages for nervous shock, resulting from an alleged breach of warranty and negligence whereby the minor was injured.

The complaint contains four counts. In the first, the minor, through his guardian, seeks damages for personal injuries alleged to have been suffered from finding a decomposed mouse in a bottle of Coca Cola which he had partly consumed. It is further...

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