Vieira v. Balsamo

The defendant is described in the writ as “Anthony Balsamo, doing business as Balsamo’s Market of the City and County of Worcester.” The sheriff’s return shows service in hand upon the defendant “in Worcester.” The action is to recover for injury to the plaintiff’s teeth and mouth caused by biting upon a hard slate-like substance in a can .of soup allegedly purchased by the plaintiff of' the defendant. There was a finding for the plaintiff, the Appellate Division dismissed a report, and the defendant appealed.

There was evidence tending to show that the plaintiff purchased a can of vegetable…