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PITTSBURG COCA-COLA BOTTLING WORKS v. PONDER

No. 7865.

430 S.W.2d 104 (1968)

PITTSBURG COCA-COLA BOTTLING WORKS OF PITTSBURG, Texas, Appellant, v. Mrs. Cuma PONDER, Appellee.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied July 2, 1968.

Attorney(s) appearing for the Case

Jack Pew, Jr., Jackson, Walker, Winstead, Cantwell & Miller, Dallas, for appellant.

Jim Ammerman, Jones, Jones & Baldwin, Marshall, Boyet Stevens, Daingerfield, for appellee.

DAVIS, Justice.

Plaintiff, Mrs. Cuma Ponder, a widow, sued defendant, Pittsburg Coca-Cola Bottling Works of Pittsburg, Texas, for injuries plaintiff received when a bottle of Coca-Cola, or coke, exploded and drove some glass into her left ankle and left foot. Plaintiff alleged that defendant was engaged in the process of manufacturing, bottling and selling cokes for human consumption and had impliedly warranted that the cokes and the bottle in which they were contained...

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