GREAT ATLANTIC & PACIFIC TEA COMPANY v. MILLER

No. 20077.

316 F.2d 471 (1963)

The GREAT ATLANTIC & PACIFIC TEA COMPANY, Appellant, v. Mrs. Matilda MILLER, Appellee.

United States Court of Appeals Fifth Circuit.

April 19, 1963.


Attorney(s) appearing for the Case

George E. Morse, Gulfport, Miss., Morse & Morse, Gulfport, Miss., for appellant.

J. M. Morse, III, Poplarville, Miss., Walter L. Nixon, Jr., Biloxi, Miss., Edward G. Tremmel, Biloxi, Miss., for appellee.

Before PHILLIPS, WISDOM and GEWIN, Circuit Judges.


PER CURIAM.

The appellee, Miller, recovered a substantial jury verdict and judgment against the appellant upon her complaint that a bottle of Coca-Cola fell through the bottom of a carton in which it was contained and exploded on her foot, resulting in serious and painful injuries. On this appeal the appellant contends that the Court erred in denying its motion for a directed verdict at the conclusion of the appellee's case and likewise in refusing to take the case...

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