Coca-Cola Bottling Co. v. Everett

Mississippi Supreme Court

Coca-Cola Bottling Co. v. Everett

108 So. 2d 545, 234 Miss. 882, 1959 Miss. LEXIS 563

CourtMississippi Supreme Court

DecidedJanuary 19, 1959

DocketNo. 40989

StatusPublished

Cited by1 cases

This text of 108 So. 2d 545 (Coca-Cola Bottling Co. v. Everett) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Coca-Cola Bottling Co. v. Everett, 108 So. 2d 545, 234 Miss. 882, 1959 Miss. LEXIS 563 (Mich. 1959).

Pincite

Opinion

Hall, J.

The appellant appeals from a judgment against it in favor of the appellee for damages for a decomposed roach in a bottle of Coca-Cola.

The declaration was not based upon a breach of warranty but upon negligence. But, in either case, the burden was upon appellee to show that the appellant manufactured the beverage in question.

The appellee produced no proof whatsoever as to the manufacturer of the beverage and, consequently, the requested peremptory instruction should have been granted.

Therefore, the judgment of the lower court will have to be reversed and a judgment entered here in favor of the appellant.

Reversed and judgment here for appellant.

Fioberds, P. J., and Arrington, Ethridge, and Gillespie, JJ., concur.

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