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CASKIE v. COCA-COLA BOT. CO., INC.

373 Pa. 614 (1953)

Caskie v. Coca-Cola Bottling Company, Inc., Appellant.

Supreme Court of Pennsylvania.

May 25, 1953.

Attorney(s) appearing for the Case

Kim Darragh, with him George Y. Meyer, for appellant.

Anthony R. McGrath, with him Meyer Umansky, for appellee.

Before STERN, C.J., STEARNE, JONES, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. JUSTICE CHIDSEY, May 25, 1953:

The plaintiff in this case became sick soon after drinking some of the contents of a bottle of Coca-Cola, manufactured, bottled and sold by the defendant. He brought this action in assumpsit claiming that defendant breached its implied warranty that the Coca-Cola was fit for human consumption in that it contained hydrochloric acid which caused injury and damages to the plaintiff. A jury awarded plaintiff $6,500. This appeal...

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