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KELLER v. COCA COLA BOTTLING CO.

214 Or. 654 (1958)

330 P.2d 346

KELLER v. COCA COLA BOTTLING CO.

Supreme Court of Oregon.

Affirmed October 15, 1958.

Petition for rehearing denied December 3, 1958.

Attorney(s) appearing for the Case

John F. Kilkenny and John H. Kottkamp, Pendleton, argued the cause for appellant. With John N. Kottkamp on the brief were Kilkenny & Fabre, Pendleton.

Robert W. Collins, Pendleton, argued the cause and filed a brief for respondent.

Before PERRY, Chief Justice, and ROSSMAN, LUSK, McALLISTER and SLOAN, Justices.

AFFIRMED.

SLOAN, J.

This is an action in tort by plaintiff-respondent seeking damages for injury alleged to have been caused by drinking from a bottle of Coca Cola containing a cigar stub. She alleged that she was served the bottle at the coffee shop of a hotel in Pendleton, and that the bottle in question had been bottled and supplied by defendant. Trial by jury resulted in a verdict and judgment for plaintiff. Defendant appeals.

Defendant's first...

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