Mayberry

Plaintiff alleges damages caused by drinking a bottle of contaminated Coca-Cola. The beverage had been purchased from a vending machine in one of the state buildings in Sacramento. The incident, according to the complaint, had occurred in July 1961. The complaint was filed 10 months later, in May 1962.

The beverage had been bottled by Coca Cola Bottling Company of Sacramento, a partnership. The partnership premises also housed another business entity, a corporation called Coca Cola Bottling Company of Sacramento, Ltd. The corporation supplied syrup to the partnership but did no bottling. The three persons composing the partnership were also officers or directors of the corporation. One Tyler Taylor was employed not only as general manager of the corporation, but also as assistant general manager of the partnership business.

As defendant the complaint mistakenly named the corporation, which had not bottled the product, instead of the partnership, which had. Three fictitious defendants, one of whom was designated as Black and White Company, were named. Process was served on Taylor in his capacity as general manager of the corporation. Through counsel the corporation filed an…