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Paducah Coca-Cola Bottling Co. v. Reynolds

Court of Appeals of Kentucky
May 22, 1953
258 S.W.2d 474 (Ky. Ct. App. 1953)

Opinion

May 22, 1953.

Appeal from the Livingston Circuit Court.

Boehl, Stopher, Kilgarriff, Graves Deindoerfer, Louisville, Ky., David Reed, Paducah, Ky., for appellant.

Raymond B. Dycus, Smithland, Ky., for appellee.


The Paducah Coca-Cola Bottling Company prays for an appeal from a judgment entered against it in favor of Mrs. Pearl Reynolds, in the amount of $200, for personal injuries sustained as a result of drinking from a bottle of Coca-Cola which contained a dead spider. One of the grounds for reversal relied upon by the company is the lack of proof of integrity of the bottle.

The facts with respect to integrity of the bottle in this case are substantially the same as those in Ashland Coca-Cola Bottling Co. v. Byrne, Ky. 1953, 258 S.W.2d 475. The instant case is controlled by the Byrne case.

The motion for an appeal is granted and the judgment is reversed.

DUNCAN and MILLIKEN, JJ., dissenting.


Summaries of

Paducah Coca-Cola Bottling Co. v. Reynolds

Court of Appeals of Kentucky
May 22, 1953
258 S.W.2d 474 (Ky. Ct. App. 1953)
Case details for

Paducah Coca-Cola Bottling Co. v. Reynolds

Case Details

Full title:PADUCAH COCA-COLA BOTTLING CO., Inc. v. REYNOLDS

Court:Court of Appeals of Kentucky

Date published: May 22, 1953

Citations

258 S.W.2d 474 (Ky. Ct. App. 1953)

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