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RUPP v. NORTON COCA-COLA BOTTLING CO.

No. 41,868

187 Kan. 390 (1960)

357 P.2d 802

LETHA RUPP, Appellee, v. NORTON COCA-COLA BOTTLING COMPANY, INC., Appellant.

Supreme Court of Kansas.

Opinion filed December 10, 1960.

Attorney(s) appearing for the Case

Wm. B. Ryan, of Norton, argued the cause and was on the briefs for the appellant.

Marion W. Chipman, of Hill City, argued the cause, and W.H. Clark and Kenneth Clark, both of Hill City, and Keith G. Sebelius, of Norton, were with him on the briefs for the appellee.

The opinion of the court was delivered by

PARKER, C.J.:

Letha Rupp and Della Connell, sisters, brought separate actions in the district court of Norton County, based upon the breach of an implied warranty, against Norton Coca-Cola Bottling Company, Inc., to recover damages for personal injuries alleged to have been sustained as the result of drinking from a single bottle of coca-cola which contained a centipede.

When pleadings were filed in each action...

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