(Download) "Cernes v. Pittsburg Coca Cola Bottling Co." by Supreme Court of Kansas * eBook PDF Kindle ePub Free
eBook details
- Title: Cernes v. Pittsburg Coca Cola Bottling Co.
- Author : Supreme Court of Kansas
- Release Date : January 06, 1958
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
The opinion of the court was delivered by This was an action, based upon breach of an implied warranty,
to recover damages for personal injuries caused by drinking a
part of a bottled beverage which contained a foreign substance.
The basis of plaintiff's action was that defendant in bottling
and placing the beverage on the market for immediate human
consumption impliedly warranted it was wholesome and fit for such
purpose, and the contents of the bottle in question being unfit
for human consumption, defendant thereby breached such implied
warranty. Defendant (appellant) alleged that at the time plaintiff
(appellee) was drinking from the bottle of beverage he was also
eating peanuts and but for his act or omission, or the act or
omission of some person or persons other than defendant or its
agents, the bottle of beverage from which plaintiff was drinking
could not and would not have contained any foreign substance and
could not and would not have produced any injury to plaintiff.
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