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MAYBERRY v. COCA COLA BOTTLING CO. OF SACRAMENTO

Docket No. 10984.

244 Cal.App.2d 350 (1966)

53 Cal. Rptr. 317

RUTILOUS MAYBERRY, Plaintiff and Appellant, v. COCA COLA BOTTLING COMPANY OF SACRAMENTO, Defendant and Respondent.

Court of Appeals of California, Third District.

August 18, 1966.

Attorney(s) appearing for the Case

Colley & McGhee and Milton L. McGhee for Plaintiff and Appellant.

Douglas B. McDonald and James E. Donahue for Defendant and Respondent.

FRIEDMAN, J.

Plaintiff alleges damages caused by drinking a bottle of contaminated Coca-Cola. The beverage had been purchased from a vending machine in one of the state buildings in Sacramento. The incident, according to the complaint, had occurred in July 1961. The complaint was filed 10 months later, in May 1962.

The beverage had been bottled by Coca Cola Bottling Company of Sacramento, a partnership. The partnership premises also housed another business...

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