Wilhelmenia Rockett v. Pepsi Cola Bottling Book Reviews
Wilhelmenia Rockett v. Pepsi Cola Bottling by St. Louis District Missouri Court of Appeals Book Summary
This is a products liability case involving plaintiff's drinking of a foreign substance in a bottle of Teem soda. Plaintiff obtained a jury verdict against defendant for $2,200.00. The trial Judge took away the judgment from the plaintiff by sustaining defendant's after trial motion for judgment in accordance with its motion for a directed verdict on the following ground stated in defendant's motion: ""1. The plaintiff did not show by a preponderance of the evidence that the defendant manufactured and sold the soda bottle in question."" The case was submitted to the jury under plaintiff's verdict directing instruction which required a finding that ""* * * defendant sold the bottle of Teem soda for human consumption * * *."" The plaintiff appeals. The narrow issue here is: Did the plaintiff prove that the defendant sold the particular bottle of Teem? This is one of the essential elements of plaintiff's cause of action. Keener v. Dayton Elec. Mfg. Co., Mo., 445 S.W.2d 362[2]. Williams v. Coca-Cola Bottling Co., Mo. App., 285 S.W.2d 53[5]. The trial Judge in his post-trial ruling held the plaintiff did not prove that the defendant sold the particular bottle of Teem. We agree.
Book Name | Wilhelmenia Rockett v. Pepsi Cola Bottling |
Genre | Law |
Author | St. Louis District Missouri Court of Appeals |
Published | 24 November 1970, Tuesday |
Language | English |
E-Book Size | 60.71 KB |
Wilhelmenia Rockett v. Pepsi Cola Bottling (St. Louis District Missouri Court of Appeals) Book Reviews 2024
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Summary of Wilhelmenia Rockett v. Pepsi Cola Bottling by St. Louis District Missouri Court of Appeals
The Wilhelmenia Rockett v. Pepsi Cola Bottling book written by St. Louis District Missouri Court of Appeals was published on 24 November 1970, Tuesday in the Law category. A total of 38 readers of the book gave the book 0 points out of 5.
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