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FAUCETTE v. LUCKY STORES, INC.

Docket No. 20562.

219 Cal.App.2d 196 (1963)

33 Cal. Rptr. 215

MARTHA FAUCETTE, Plaintiff and Respondent, v. LUCKY STORES, INC., Defendant, Cross-complainant and Appellant; COCA-COLA COMPANY, Defendant, Cross-defendant and Appellant.

Court of Appeals of California, First District, Division Two.

August 12, 1963.

Attorney(s) appearing for the Case

Ropers, Majeski & Phelps and Cyril Viadro for Defendant, Cross-complainant and Appellant.

Carr, McClellan, Ingersoll & Thompson, Luther M. Carr and David C. Carr for Defendant, Cross-defendant and Appellant.

William A. Sullivan for Plaintiff and Respondent.

AGEE, J.

Plaintiff bought a six-pack cardboard carton of "king-size" bottles of Coca-Cola at a Burlingame unit of Lucky Stores on June 29, 1959, serving herself out of an open refrigerated cooler box, and while carrying the carton of six bottles up the driveway at her daughter's apartment several blocks away the bottom of the carton split down the folding seam lengthwise along the bottom and the bottles fell to the pavement. This caused two of the bottles to break...

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