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CROWELL v. FIRST NATIONAL STORES, INC.

342 Mass. 315 (1961)

173 N.E.2d 609

IRENE CROWELL vs. FIRST NATIONAL STORES, INC.

Supreme Judicial Court of Massachusetts, Bristol.

March 30, 1961.

Attorney(s) appearing for the Case

James A. Heaney, for the plaintiff.

Charles R. Desmarais & William H. Carey, for the defendant.

Present: WILKINS, C.J., SPALDING, WILLIAMS, & CUTTER, JJ.

WILLIAMS, J.

This is an action of tort to recover damages for an illness caused by eating frankfurts purchased from the defendant in Fall River on Friday, July 8, 1955. The plaintiff testified that they were taken from a self service cooler in the defendant's store; and that they were contained in a package of eight or ten which was wrapped in cellophane and were bought about 5 P.M. On arriving home, the plaintiff removed the cellophane, wrapped the frankfurts in...

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