CERNES v. PITTSBURG COCA COLA BOTTLING CO.

No. 41,098

183 Kan. 758 (1958)

332 P.2d 258

WILLIAM EUGENE CERNES, Appellee, v. THE PITTSBURG COCA COLA BOTTLING COMPANY, a Corporation, Appellant.

Supreme Court of Kansas.

Opinion filed December 6, 1958.


Attorney(s) appearing for the Case

R.L. Letton, of Pittsburg, argued the cause, and R.L. White, 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

WERTZ, J.:

This was an action, based upon breach of an implied warranty, to recover damages for personal injuries caused by drinking a part of a bottled beverage which contained a foreign substance. The basis of plaintiff's action was that defendant in bottling and placing the beverage on the market for immediate human consumption impliedly warranted it was wholesome and fit for such purpose, and the contents of the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases