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BEUTTENMULLER v. VESS BOTTLING COMPANY OF ST. LOUIS

No. 54373.

447 S.W.2d 519 (1969)

Patricia Rose BEUTTENMULLER, an Infant, by Paul A. Beuttenmuller, Next Friend, and Paul A. Beuttenmuller, Appellants, v. VESS BOTTLING COMPANY OF ST. LOUIS, and The Great Atlantic and Pacific Tea Company, Inc., a Corporation, Respondents.

Supreme Court of Missouri, Division No. 1.

December 8, 1969.

Attorney(s) appearing for the Case

Gerritzen & Gerritzen, Ray A. Gerritzen, St. Louis, for plaintiffs-appellants.

Louis W. Riethmann, Ralph K. Soebbing, Thomas E. Fitzgibbons, St. Louis, for defendant-respondent, Vess Bottling Co.

J. C. Jaeckel, Moser, Marsalek, Carpenter, Cleary & Jaeckel, St. Louis, for respondent, the Great Atlantic & Pacific Tea Co.

HENRY I. EAGER, Special Commissioner.

Plaintiff Patricia Rose Beuttenmuller, twenty-six months old at the time of her injury and approximately seven years old at trial, brought suit against The Great Atlantic and Pacific Tea Company, Inc., and Vess Bottling Company of St. Louis for injuries sustained when a bottle of Vess 3-V Cola supposedly exploded in an A & P Store. The amount of her prayer was $25,000. In a second count her father sought to recover $2000 for...

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