MITCHELL v. COCA-COLA BOTTLING CO.


11 A.D.2d 579 (1960)

John Mitchell, Appellant, v. Coca-Cola Bottling Co., Respondent John Mitchell, as Guardian ad Litem of Elizabeth Mitchell, an Infant, Appellant, v. Coca-Cola Bottling Co., Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 16, 1960


These actions were brought for damages sustained as a result of the infant appellant drinking some Coca-Cola containing a foreign substance and were tried before the Troy City Court sitting without a jury. Evidence was produced from which it could be found that the infant opened a bottle of Coca-Cola, drank some, felt something in her throat which she pulled out and which was some kind of insect. She vomited then and again a half hour later, was examined by a doctor and remained...

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