WALLACE v. COCA-COLA BOTTLING PLANTS, INC.


269 A.2d 117 (1970)

Malcolm H. WALLACE v. The COCA-COLA BOTTLING PLANTS, INC.

Supreme Judicial Court of Maine.

September 17, 1970.


Attorney(s) appearing for the Case

Berman, Berman & Simmons, by Jack H. Simmons, Lewiston, for plaintiff.

Marshall, Raymond & Beliveau, by John G. Marshall, Lewiston, for defendant.

Before WILLIAMSON, C. J., and WEBBER, MARDEN, DUFRESNE, WEATHERBEE and POMEROY, JJ.


POMEROY, Justice.

At the conclusion of a trial, an Androscoggin County jury awarded Plaintiff $2,000 damages against the Defendant.

The complaint, the filing of which commenced this action, alleged Defendant was liable to the Plaintiff because of, (a) a breach of warranty and (b) negligence. The case was submitted to the jury only on the issue of negligence, the breach of warranty count having been removed from the jury's consideration by the Court on Defendant...

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