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MOSS v. COCA COLA BOTTLING CO. OF CHICO

Docket No. 7888.

103 Cal.App.2d 380 (1951)

229 P.2d 802

LEHR MOSS, Respondent, v. COCA COLA BOTTLING COMPANY OF CHICO (a Partnership), Appellant.

Court of Appeals of California, Third District.

April 10, 1951.

Attorney(s) appearing for the Case

Ware & Ware for Appellant.

Whitten & Fortino for Respondent.

VAN DYKE, J.

Plaintiff brought this action against the Coca Cola Bottling Company of Chico, California, for damages alleged to have been caused by drinking from a bottle of Coca Cola manufactured and bottled by defendant, which bottle, when opened, contained a mouse.

Plaintiff's action was predicated on two counts, one on negligence, and the other on breach of warranty. Trial was had upon the two counts and...

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