Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Coca Cola Bottling Co. of Flagstaff v. Jones

Supreme Court of Arizona

November 24, 1952

COCA COLA BOTTLING CO. OF FLAGSTAFF
v.
JONES

Reversed and remanded for new trial.

Mangum & Flick, of Flagstaff, for appellant.

Platt & Greer, of St. Johns, for appellee.

Stanford, Justice. Udall, C. J., De Concini and La Prade, JJ., and Henry C. Kelly, Superior Court Judge, concurring. Note: Justice PHELPS being unable to take part in the case, the Hon. HENRY C. KELLY, Judge of the Superior Court of Yuma County, participated in his stead in the determination of this appeal.

OPINION

Stanford, Justice.

[74 Ariz. 394] The Coca Cola Bottling Co. of Flagstaff, defendant in the lower court, and hereinafter referred to as appellant, appeals from a judgment of the court for $ 1,000 in favor of Hyrum Jones, plaintiff below, and hereinafter referred to as appellee, and from an order of the trial court denying its motion for a new trial.

Appellee sued to recover for injuries sustained by him as a result of drinking from a bottle of coca cola alleged to be contaminated on account of foreign matter contained therein. We will not set forth the facts leading up to and concerning the injury in detail as they are not pertinent to the assignments of error.

We feel it desirable to set forth the appellant's assignments of error, numbers I and II:

"I
"The trial court erred in denying appellant's motion for a mistrial during

Page 587

the voir dire examination of jurors, for the reason that the jury panel was not regularly drawn in accordance with constitutional ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.