Michelson v. Friedman

This action for personal injuries is based upon tort or contract by reason of the use of a broken bottle handled by the plaintiff while being served with food and refreshments at a banquet given by the Moses Mendelsohn Lodge.

As there was a finding in favor of the defendant he is entitled to have the evidence considered in its aspect most favorable to him. Winchester vs. Erickson, 281 Mass. 210, 212. Laroche vs. Singsen, 281 Mass. 369.

*309Such evidence tended to show that the plaintiff, a member of said lodge, was served with a bottle of beer by a waitress of the defendant who placed the same on…