Marmen v. Peoples Supermarket of New Bedford, Inc.

This is an action of tort tried in three counts wherein the minor plaintiff, through her father and next friend, seeks to recover for personal injuries sustained on or about April 20, 1962.

Counsel for the plaintiff stipulated in open court that the plaintiff relied solely on count 3 of the declaration which, in substance, alleges that the defendant was negligent in failing to provide guards or warnings around a coin operated mechanical horse on the sidewalk in front of the store, and that this was a dangerous and unsafe condition which the plaintiff should have been warned about.

The…