TREMBLEY v. COCA-COLA BOTTLING CO.


285 A.D. 539 (1955)

Genoria Trembley et al., Respondents, v. Coca-Cola Bottling Company, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 9, 1955.


Attorney(s) appearing for the Case

Lydon F. Maider, Wesley H. Maider and Hugh H. Smith for appellant.

Irving I. Waxman and Allen H. Samuels for respondents.

FOSTER, P. J., BERGAN, COON and ZELLER, JJ., concur.


IMRIE, J.

This is an appeal by defendant from a judgment of Montgomery County Supreme Court and from an order denying motion to set aside the verdict and for a new trial.

Plaintiffs, husband and wife, sued to recover for injuries consequent upon the wife's drinking from a coca-cola bottle said to contain a dead mouse. She had obtained the bottle from a vending machine owned, maintained and installed by...

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