Legal Opinion

Primak v. Star Market Co.

Massachusetts District Court, Appellate Division

Decided July 1, 1966No. 6365; No. 783Published

1Opinion of the CourtYesley, J.

This is cm action of contract to recover for injuries received by the plaintiff while eating a salami purchased from the defendant which, the plaintiff alleges, was not fit for human consumption by reason of the presence therein of a piece of metal.

The trial justice found for the plaintiff and made special findings that on September 2, 1965, the plaintiff purchased at the defendant’s store in Saugus a salami manufactured by Morrison & Sehiff of Boston, that he put it in his refrigerator at home where it remained untouched in the original sealed package until September 5, 1965, on which date…

2Cases cited7 opinions

  1. Idzykowski v. Jordan Marsh Co.Massachusetts Supreme Judicial Court · 1932
  2. Bruns v. Jordan Marsh Co.Massachusetts Supreme Judicial Court · 1940
  3. Webster v. Blue Ship Tea Room, Inc.Massachusetts Supreme Judicial Court · 1964
  4. Murphy v. Gilchrist Co.Massachusetts Supreme Judicial Court · 1942
  5. Bonker v. Ingersoll Products CorporationDistrict Court, D. Massachusetts · 1955

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