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RANDOLPH v. FIVE GUYS FROM BOSTON, INC.

354 Mass. 730 (1968)

242 N.E.2d 402

ALLEN RANDOLPH vs. FIVE GUYS FROM BOSTON, INC.

Supreme Judicial Court of Massachusetts, Suffolk.

November 29, 1968.

Attorney(s) appearing for the Case

Charles W. O'Brien for the defendant.

Daniel S. Fram for the plaintiff.

Present: WILKINS, C.J., WHITTEMORE, CUTTER, KIRK, & SPIEGEL, JJ.

KIRK, J.

In this action of tort for negligence the jury returned a verdict for the plaintiff, a minor, against the defendant whose alleged employee gave the plaintiff a pressurized can of whipped cream which later exploded in the plaintiff's face in circumstances to be stated. The case is before us on the defendant's exceptions to the denial of its motions for a directed verdict and for the entry of a verdict under leave...

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