O'Brien v. Louis K. Liggett Co.

This is an action of tort to recover for personal injuries alleged to have been caused by glass in strawberries and cream of shortcake, prepared by the defendant, and sold to the plaintiff for consumption at a lunch counter maintained by the defendant. The action originally was tried to a jury in the Superior. Court in 1925, and there was a verdict for the plaintiff. The case then came before this court on the exceptions of the defendant to the refusal of the judge to direct a verdict in its favor. The exceptions were sustained, the decision being reported in 255 Mass. 553. The reason for the…