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SIMMONS v. WICHITA COCA-COLA BOTTLING CO.

No. 40,325

181 Kan. 35 (1957)

309 P.2d 633

ANNIE CAROLYN SIMMONS, Appellee, v. THE WICHITA COCA-COLA BOTTLING COMPANY, a Corporation, Appellant.

Supreme Court of Kansas.

Opinion filed April 6, 1957.

Attorney(s) appearing for the Case

Robert H. Nelson, of Wichita, argued the cause, and W.A. Kahrs, Patrick F. Kelly and Julian H. Zimmerman, all of Wichita, were with him on the briefs for the appellant.

E.P. Villepigue, of Wichita, argued the cause, and I.H. Stearns, of Wichita, was with him on the brief for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

This was an action based on breach of an implied warranty to recover damages for personal injuries caused by drinking part of a bottle of Coca-Cola which contained a packet of safety matches. The trial resulted in a judgment in favor of the plaintiff, and defendant appeals. The basis of plaintiff's action was that defendant in bottling and putting the Coca-Cola on the market for immediate human consumption...

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