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ZENTZ v. COCA COLA BOTTLING CO.

Docket No. S.F. 18456.

39 Cal.2d 436 (1952)

247 P.2d 344

MARY E. ZENTZ, Respondent, v. COCA COLA BOTTLING COMPANY OF FRESNO (a Corporation), Appellant.

Supreme Court of California. In Bank.

August 6, 1952.

Attorney(s) appearing for the Case

Ray W. Hays and James N. Hays for Appellant.

L. Kenneth Say for Respondent.

GIBSON, C.J.

Plaintiff was injured by the explosion of a bottle of Coca Cola which had been bottled and delivered to her restaurant by defendant. She brought this action for damages, and defendant appeals from a judgment upon a jury verdict in her favor.

Soft drinks were kept in the restaurant in a cooler which stood about waist high and opened from the top. The cooler was empty on the day of the accident when the driver of

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