McALESTER COCA-COLA BOTTLING COMPANY v. LYNCH

No. 35994.

280 P.2d 466 (1955)

The McALESTER COCA-COLA BOTTLING COMPANY, Plaintiff in Error, v. J.D. LYNCH, Defendant in Error.

Supreme Court of Oklahoma.

Rehearing Denied February 23, 1955.


Attorney(s) appearing for the Case

Bell & Tucker, Robert J. Bell, Charles B. Tucker, McAlester, for plaintiff in error.

Hill & Nix, Counts & Dane, McAlester, for defendant in error.


O'NEAL, Justice.

Plaintiff below, J.D. Lynch, recovered a money judgment against the defendant below, the McAlester Coca-Cola Bottling Company, in an action for damages for injuries to his face and left hand resulting from the explosion of a bottle of Coca-Cola manufactured or processed by defendant and sold to Gobby's Cafe, and thereafter resold to plaintiff on or about March 28, 1950.

Plaintiff's action sounds in tort as well as an alleged breach of an express...

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