Fitzgerald V. Cain's Lobster House, Inc.

The plaintiff brings this action of Tort to recover for personal injuries which she allegedly sustained in a fall upon the premises of the defendant on Bridge Street, Weymouth, on September 4, 1950.

There was evidence at the trial (Kopelman, J.) that the plaintiff with her husband, James H. Fitzgerald and two friends, Alice and Isabella Glavin entered the restaurant of the defendant on Labor Day September 4, 1950 at about 5:30 P.M. and were directed by a hostess to three stools at one end of the Snack Bar. This snack bar was in the shape of a horse shoe and contained about thirty stools around…