Mason v. McLellan Stores Co.

The plaintiff Vaneta Z. Mason brought this action of tort to recover for personal injuries to her caused *672by a fall on May 31, 1945, in the defendant’s retail store in Springfield, in which she was a customer. In a second count her husband M. Henry Mason sought consequential damages. G. L. (Ter. Ed.) c. 231, § 4A, inserted by St. 1943, c. 350, § 1. Goff v. Hickson, 322 Mass. 655. The case comes here on the exceptions of the plaintiffs to the direction of verdicts for the defendant.

The evidence most favorable to the plaintiffs may be summarized as follows. As the woman plaintiff was walking…