MIAMI COCA COLA BOTTLING COMPANY v. TODD


101 So.2d 34 (1958)

MIAMI COCA COLA BOTTLING COMPANY, Inc., d/b/a Palm Beach Coca Cola Bottling Company, Appellant, v. Sally Ann TODD, Appellee.

Supreme Court of Florida.

March 5, 1958.


Attorney(s) appearing for the Case

Miller, Hewitt & Cone, West Palm Beach, for appellant.

Adams, Phillips & Hathaway, West Palm Beach, for appellee.


DREW, Justice.

The consumer purchased a soft drink directly from the bottler and thereafter kept the bottle in her kitchen for her sole use. About a week after the purchase she opened the drink, sealed with the usual percussion type "crown" cap which showed no signs of tampering, and drank part of the contents. She became ill from a foreign substance contained in the drink, and sued the bottler.

The trial judge submitted the consumer's claim against the bottler...

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