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Venezia v. Miller Brewing Co.
United States Court of Appeals for the First Circuit
626 F.2d 188 (1980)
Louis Venezia (plaintiff), an eight-year-old child, picked up a discarded empty bottle of beer and threw it against a telephone pole. The bottle shattered, causing injury to Venezia. Venezia brought suit against the glass manufacturers and Miller Brewing Company (defendants), the manufacturer of the beer, asserting negligence and breach of the implied warranty under Massachusetts law that a product is fit for its ordinary purpose. The district court dismissed the claims for failure to state a claim upon which relief could be granted. Venezia appealed.
Rule of Law
Holding and Reasoning (Campbell, J.)
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