Coca-Cola Bottling Company of Southwest Arkansas v. Bacon, Judge

• Decision Date: 19 October 1936
• Docket Number: 4-4482
• Citation: 97 S.W.2d 74,193 Ark. 6
• Parties: COCA-COLA BOTTLING COMPANY OF SOUTHWEST ARKANSAS v. BACON, JUDGE
• Court: Arkansas Supreme Court

97 S.W.2d 74

193 Ark. 6

COCA-COLA BOTTLING COMPANY OF SOUTHWEST ARKANSAS v. BACON, JUDGE

4-4482

Supreme Court of Arkansas

October 19, 1936

Prohibition to Nevada Circuit Court; P. P. Bacon, Judge on exchange; writ granted.

Writ of prohibition granted.

Rowell Rowell & Dickey, for petitioner.

G. W Lookadoo and William F. Denman, for respondent.

OPINION

HUMPHREYS, J.

This is an application for a writ of prohibition to prevent the circuit judge of Nevada county from proceeding to try the case of Mrs. Susie Walls and W. F. Walls v. Coca-Cola Bottling Company of Southwest Arkansas, on the ground that no proper service has been had upon it. The suit is for damages resulting from drinking a part of a bottle of Coca-Cola manufactured by said company, which contained a spider. The service was obtained by serving a summons in Nevada county upon a truck driver of said company, who was delivering its products to persons engaged in business in said county. The company's place of business was in Camden, in Ouachita county, and it had no branch office or place of business in Nevada county. The service was had under act No. 70 of the Acts of the General Assembly of 1935, p. 157, which is as follows:

"Section 1. When the defendant is the owner or the operator of any motor bus or busses, motor coach or coaches, or motor truck or trucks, engaged in the business of carrying and transporting either passengers, freight, goods, wares or merchandise over any of the highways of this State, the service of summons may be had upon any such owner or operator by serving same upon any clerk or agent of any such owner or operator selling tickets or transacting any business for such owner or operator, or may be upon any driver or chauffeur of any bus, coach or truck being operated or driven by such driver or chauffeur as a servant, agent or employee of any such owner or operator, and service so had upon the agent or agents of any such owner or operator or had upon any such chauffeur or driver of any such bus, coach or truck being operated or driven by such driver or chauffeur as a servant, agent or employee of any such owner or operator shall be deemed and considered as good and valid service upon such owner or operator whether such owner or operator be a person, firm or corporation.

"Section 2. Nothing contained in this act shall be so construed as to repeal any of the provisions of the law of this state as to venue or service of summons now in effect except...