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CONNELL v. NORTON COCA-COLA BOTTLING CO.

No. 41,869

187 Kan. 393 (1960)

357 P.2d 804

DELLA CONNELL, 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 brief 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 brief for the appellee.

The opinion of the court was delivered by

PRICE, J.:

This action was based upon a breach of an implied warranty and sought damages for personal injuries sustained as a result of drinking from a bottle of Coca-Cola which contained a centipede.

The petition, after detailing the facts and circumstances surrounding the purchase of and drinking from the bottle of Coca-Cola, with the resulting nausea, vomiting and physical illness of plaintiff, alleged:...

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