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WINTROUB v. ABRAHAM CATERING SERVICE

No. 37624.

183 N.W.2d 741 (1971)

186 Neb. 450

Ernest B. WINTROUB, Appellant, v. ABRAHAM CATERING SERVICE, Appellee.

Supreme Court of Nebraska.

February 19, 1971.

Attorney(s) appearing for the Case

Foulks, Wall & Wintroub, David J. Cullan, Omaha, for appellant.

Cassem, Tierney, Adams & Henatsch, Stephen A. Davis, Omaha, for appellee.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN and NEWTON, JJ.

BOSLAUGH, Justice.

The plaintiff, Ernest B. Wintroub, fractured a tooth when he bit down on an olive pit while eating Steak Diane at a friend's home on January 13, 1968. The food had been prepared and furnished by the defendant, Abraham Catering Service. This action was brought to recover the damages sustained by the plaintiff as a result of the injury.

The jury returned a verdict for the defendant and the plaintiff has appealed. The only question presented...

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