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HOCHBERG v. O'DONNELL'S RESTAURANT, INC.

No. 5322.

272 A.2d 846 (1971)

Philip R. HOCHBERG, Appellant, v. O'DONNELL'S RESTAURANT, INC., Appellee.

District of Columbia Court of Appeals.

Decided January 27, 1971.

Attorney(s) appearing for the Case

Philip R. Hochberg, pro se.

Thomas M. Hogan, with whom Charles E. Pledger, Jr., Washington D. C., was on the brief, for appellee.

Before GALLAGHER and NEBEKER, Associate Judges, and QUINN, Associate Judge, Retired.

GALLAGHER, Associate Judge:

This is an appeal from a directed verdict in favor of the defendant at the conclusion of the plaintiff's case in an action for damage to a tooth caused in chewing an olive which had been in a martini cocktail purchased in defendant's restaurant. The complaint alleged a cause of action against O'Donnell's Restaurant for negligence and breach of implied warranty. The restaurant brought a third-party...

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