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SHARP v. PITTSBURG COCA COLA BOTTLING CO.

No. 40,443

180 Kan. 845 (1957)

308 P.2d 150

NETTIE SHARP, Appellee, v. THE PITTSBURG COCA COLA BOTTLING COMPANY, a corporation, Appellant.

Supreme Court of Kansas.

Opinion filed March 9, 1957.

Attorney(s) appearing for the Case

R.L. Letton, of Pittsburg, argued the cause, and P.E. Nulton, of Pittsburg, was with him on the briefs for the appellant.

Perry Owsley, of Pittsburg, argued the cause, and Sylvan Bruner, of Pittsburg, was with him on the briefs for the appellee.

The opinion of the court was delivered by

ROBB, J.:

This was an action based on breach of an implied warranty to recover damages for personal injuries sustained by plaintiff as a result of consuming a swallow from a bottle of carbonated beverage containing foreign substances. Plaintiff recovered and defendant appeals.

On April 26, 1954, plaintiff, a woman sixty-eight years of age, while cleaning the offices...

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