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BARBOUR v. GREAT ATLANTIC AND PACIFIC TEA COMPANY

Civ. A. No. 3470.

143 F.Supp. 506 (1956)

Richard E. BARBOUR, Plaintiff, v. The GREAT ATLANTIC AND PACIFIC TEA COMPANY, a Corporation, and Pepsi-Cola Bottling Company of Vincennes, Indiana, Inc., a Corporation, Defendants.

United States District Court E. D. Illinois.

August 7, 1956.

Attorney(s) appearing for the Case

Eugene H. White, Mt. Carmel, Ill., and Listeman & Bandy, East St. Louis, Ill., for plaintiff.

Oehmke, Dunham & Boman, East St. Louis, Ill., for defendant A & P.

Baker, Kagy & Wagner, East St. Louis, Ill., for defendant Pepsi-Cola Bottling Co.

JUERGENS, District Judge.

Plaintiff, Richard E. Barbour, husband of Marjorie L. Barbour, filed suit against the two above named defendants, charging the Bottling Company with carelessly and negligently (1) filling and capping "said bottle, or one or more of them" so as to cause the same to explode when * * * the same was being handled; (2) filling "weak and insecure bottles"; (3) placing "said bottles in weak and unsafe" cardboard containers whereby they "would be...

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