HOUSTON COCA-COLA BOTTLING CO. v. KELLEY

No. 10202.

131 F.2d 627 (1942)

HOUSTON COCA-COLA BOTTLING CO. v. KELLEY et al.

Circuit Court of Appeals, Fifth Circuit.

December 7, 1942.


Attorney(s) appearing for the Case

W. M. Ryan, of Houston, Tex., for appellant.

Ewing Werlein, of Houston, Tex., for appellees.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.


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...

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