MILLIGAN v. COCA COLA BOTTLING COMPANY OF OGDEN

No. 9161.

11 Utah 2d 30 (1960)

354 P.2d 580

DANIEL K. MILLIGAN, PLAINTIFF AND APPELLANT, v. COCA COLA BOTTLING COMPANY OF OGDEN, A CORPORATION, AND SAFEWAY STORES, INC., A CORPORATION, DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

July 21, 1960.


Attorney(s) appearing for the Case

Rawlings, Wallace, Roberts & Black, Salt Lake City, for appellant.

Ray, Quinney & Nebeker, Salt Lake City, Young, Thatcher & Glasmann, Ogden, for respondents.


HENRIOD, Justice.

Appeal from a summary judgment against plaintiff who sued the bottler and also the retailer of Coca Cola, for damages allegedly suffered when he swallowed a paper clip which the bottle contained. Affirmed, with costs to defendants.

Plaintiff's complaint sought recovery on one or more of three theories: 1) under the res ipsa loquitur principle, 2) on an implied warranty and 3) for violation of the statutes on adulterated food.

As an...

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