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JAMES v. CHILDS, DIVISION OF KROGER COMPANY

No. 1176.

166 So.2d 77 (1964)

Robert H. JAMES and his wife, Jean James, Plaintiffs and Appellees, v. CHILDS, DIVISION OF KROGER COMPANY, Defendant and Appellee, and Coca-Cola Bottling Company of Lake Charles, Inc., Defendant and Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied July 15, 1964.

Attorney(s) appearing for the Case

Cavanaugh, Hickman, Brame & Holt, by Edmund E. Woodley, Lake Charles, for defendant-appellant-appellee.

Earl E. Veron, Lake Charles, for plaintiff-appellee-appellant.

Hall, Raggio & Farrar, by R. W. Farrar, Jr., Lake Charles, for defendant-appellee.

Jones, Kimball, Harper, Tete & Wetherill, by William R. Tete, Lake Charles, for thirdparty defendant.

Before TATE, FRUGE and CULPEPPER, JJ.

CULPEPPER, Judge.

This is a suit for damages arising out of an accident in which Mrs. Jean James sustained a laceration of her ankle when two or three Coca-Cola bottles fell through the bottom of a paper carton and burst. The coke carton was being moved from a grocery cart to Mrs. James's car by an employee of Childs store. Plaintiffs sued both Childs and the Coca-Cola Bottling Company of Lake Charles. After a trial on the merits the district judge held that the accident...

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