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PHIPPS v. CARMICHAEL

376 S.W.2d 499 (1963)

Verta PHIPPS, Plaintiff-in-Error, v. James H. CARMICHAEL and Christine H. Carmichael, Individually and d/b/a Royal Crown Bottling Company, Defendants-in-Error.

Court of Appeals of Tennessee, Western Section.

Certiorari Denied December 5, 1963.

Attorney(s) appearing for the Case

Marshall L. Gerber, Gerber & Gerber, Memphis, for plaintiff in error.

James W. McDonnell, Jr., Canada, Russell & Turner, Memphis, for defendants in error.

Certiorari Denied by Supreme Court December 5, 1963.

CARNEY, Judge.

The plaintiff below, Verta Phipps, brought suit for $10,000.00 damages against the defendants averring that on October 3, 1959, she purchased a bottle of contaminated Royal Crown Cola and that when she drank a part of the contents of the bottle she became nauseated and severely ill; that the contaminated beverage was negligently manufactured and sold by the defendants for human consumption...

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