EAST KENTUCKY BEVERAGE CO. v. DAY


248 S.W.2d 923 (1952)

EAST KENTUCKY BEVERAGE CO. v. DAY.

Court of Appeals of Kentucky.

May 9, 1952.


Attorney(s) appearing for the Case

Willis W. Reeves, Hazard, for appellant.

Will C. Hoskins, Denver Adams, Hyden, for appellee.


MOREMEN, Justice.

On the 8th day of March 1950, appellee Day's car ran out of gas near a small store operated by Mrs. Leona Morgan. He went to the store which occupied one small room and asked Mrs. Morgan if he could get some gasoline. While she was looking for a container, he went to an icebox standing near the door, which was of the type that invited self-service, and removed a bottle of Orange Crush. He pulled the cap with the opener located on the side of the...

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