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VIEIRA v. BALSAMO

328 Mass. 37 (1951)

101 N.E.2d 371

JOSEPH VIEIRA vs. ANTHONY BALSAMO.

Supreme Judicial Court of Massachusetts, Worcester.

November 2, 1951.

Attorney(s) appearing for the Case

P.V. Power, for the defendant.

M. Newman, for the plaintiff.

Present: QUA, C.J., RONAN, WILKINS, SPALDING, & WILLIAMS, JJ.

WILKINS, J.

The defendant is described in the writ as "Anthony Balsamo, doing business as Balsamo's Market of the City and County of Worcester." The sheriff's return shows service in hand upon the defendant "in Worcester." The action is to recover for injury to the plaintiff's teeth and mouth caused by biting upon a hard slate-like substance in a can of soup allegedly purchased by the plaintiff of the defendant. There was a finding for the plaintiff, the Appellate...

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