BRACCIA v. COCA-COLA B. CO. OF PHILA., INC.


398 Pa. 386 (1960)

Braccia, Appellant, v. Coca-Cola Bottling Company of Philadelphia, Inc.

Supreme Court of Pennsylvania.

January 18, 1960.


Attorney(s) appearing for the Case

E.B. Bergman, with him Vincent C. Veldorale, Richard D. Solo, and Lipschutz, Solo & Bergman, for appellant.

D. Hastings Griffin, Jr., with him Barnes, Dechert, Price, Myers & Rhoads, for appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.


OPINION BY MR. JUSTICE BOK, January 18, 1960:

On July 16, 1955, an unusually warm day, defendant delivered a quantity of bottled Coca-Cola to a retail store in Philadelphia. The delivery man put the bottles "right in the middle of the floor there, right on the side of the store", and some time later the retailer put them in his ice-box.

At about six o'clock in the evening of the same day plaintiff-appellant came to the store and bought six bottles. In five...

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