KROGER COMPANY v. BOWMAN


411 S.W.2d 339 (1967)

The KROGER COMPANY, Appellant, v. Mrs. Lorene BOWMAN and Dr. Pepper Bottling Company of Mayfield, Appellees. DR. PEPPER BOTTLING COMPANY OF MAYFIELD, Appellant, v. Mrs. Lorene BOWMAN and the Kroger Company, Appellees.

Court of Appeals of Kentucky.

February 3, 1967.


Attorney(s) appearing for the Case

George R. Effinger, Paducah, for The Kroger Co.

Farland Robbins, Mayfield, for Dr. Pepper Bottling Co. of Mayfield.

James G. Wheeler, Robert C. Manchester, Wheeler, Marshall & Manchester, Paducah, for Mrs. Lorene Bowman.


DAVIS, Commissioner.

Mrs. Lorene Bowman obtained verdict and judgment of $2,000 against Dr. Pepper Bottling Company (hereinafter Dr. Pepper) and The Kroger Company (hereinafter Kroger) for personal injuries she sustained when a bottle of Dr. Pepper fell from a six-pack paper carton as she attempted to remove it from a rack in Kroger's store. The trial court awarded Kroger indemnity against Dr. Pepper for any sum it should pay to Mrs. Bowman. The motions for appeal...

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