Flynn v. First National Stores Inc.

These actions are prosecuted on the ground that the defendant was negligent in selling to the mother of the plaintiffs a pound of Hamburg steak made in its store containing small pieces of wire, whereby the plaintiffs were injured while eating the steak. Newhall v. Ward Baking Co. 240 Mass. 434, 436. The principal question is whether the judge rightly directed verdicts for the defendant.

The record contains no detailed description of the sizes or lengths of the pieces of wire, although the two pieces which caused the injuries were marked as exhibits at the trial. But each of these pieces could…