Legal Opinion

Zugbie v. J. R. Whipple Co.

Massachusetts Supreme Judicial Court

Decided April 8, 1918PublishedCited by 16 opinions

Tort by one employed by the defendant at the Hotel Touraine as a scrubwoman, who was paid $4 a week and also was furnished with a room and board at the hotel, for personal injuries sustained on March 26,1915, from falling down a flight of stairs in the hotel when the plaintiff’s foot slipped on the second stair. Writ dated January 4, 1917. In the Superior Court the case was tried before Hall, J. The manner of the plaintiff’s accident is described in the opinion.

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Tort by one employed by the defendant at the Hotel Touraine as a scrubwoman, who was paid $4 a week and also was furnished with a room and board at the hotel, for personal injuries sustained on March 26,1915, from falling down a flight of stairs in the hotel when the plaintiff’s foot slipped on the second stair. Writ dated January 4, 1917. In the Superior Court the case was tried before Hall, J. The manner of the plaintiff’s accident is described in the opinion. She testified, “That at that time she had no room anywhere else, so that the only place she had as a room was this room which her…

1Opinion of the Court

By the Court.

The plaintiff, while rightfully descending stairs upon the premises of the defendant, her employer, “felt that there was something under her foot slippery” and fell. Later she noticed that upon her clothes there was some “sort of slippery refuse . . . like grease.” There was an overhead electric bulb light toward the lower end of the stairs. There is nothing to indicate negligence on the part of the defendant. For aught that appears the object upon which the plaintiff slipped may have been dropped there but a moment before by some one for whose conduct in this respect the…

2Cases cited4 opinions

  1. Goddard v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1901
  2. Norton v. HudnerMassachusetts Supreme Judicial Court · 1913
  3. Lyons v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
  4. Hotenbrink v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912

3Cited by16 opinions

  1. Judson v. American Railway Express Co.Massachusetts Supreme Judicial Court · 1922
  2. O'Neill v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1924
  3. Great Atlantic & Pacific Tea Co. v. LoganCourt of Appeals of Texas · 1930
  4. Beach v. S. S. Kresge Co.Massachusetts Supreme Judicial Court · 1939
  5. Lundgren v. Gimbel Bros.Wisconsin Supreme Court · 1927

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