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MacDONALD v. NAJJAR; CANADA DRY CORP.

362 Mass. 119 (1972)

284 N.E.2d 254

LOUISE R. MacDONALD vs. JOSEPH N. NAJJAR; CANADA DRY CORPORATION, third-party defendant.

Supreme Judicial Court of Massachusetts, Suffolk.

June 5, 1972.

Attorney(s) appearing for the Case

Stephen A. Hopkins for Joseph N. Najjar.

William H. Shaughnessy (Michael A. Gatta with him) for Canada Dry Corporation.

Joseph J. Hurley for the plaintiff.

Present: TAURO, C.J., SPIEGEL, REARDON, BRAUCHER, & HENNESSEY, JJ.

SPIEGEL, J.

In this action of tort and contract the plaintiff sought to recover for injuries she sustained when "a bottle of carbonated beverage purchased at Najjar's retail store broke in her hand as she was handling it at home."1 Najjar, doing business as Westland Food Shop, then entered a third-party writ and declaration (G.L.c. 231, § 4B) against Canada Dry Corporation (Canada Dry) alleging...

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