Nye v. Louis K. Liggett Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff on March 4, 1915, in the retail drug store of the defendant numbered 474 on Washington Street in Boston by reason of falling over the low base or platform of an upright weighing machine alleged to have been placed negligently by the defendant in the path of •customers without any guard to prevent injury to persons lawfully in the store.
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Tort for personal injuries sustained by the plaintiff on March 4, 1915, in the retail drug store of the defendant numbered 474 on Washington Street in Boston by reason of falling over the low base or platform of an upright weighing machine alleged to have been placed negligently by the defendant in the path of •customers without any guard to prevent injury to persons lawfully in the store. Writ dated April 16, 1915. In the Superior Court the case was tried before Bell, J. The substance of the evidence is described in the opinion. At the close of the evidence the defendant asked the judge to…
1Opinion of the CourtB raley, J.
The plaintiff was lawfully in the store, and while there the defendant owed her the duty to use ordinary care to keep the premises in a reasonably safe condition for her use as a customer. Ginns v. C. T. Sherer Co. 219 Mass. 18.
It sold soda, drugs and the articles usually dealt in by the proprietor of a retail drug store, and the jury could find from the evidence, which included the plan, that when viewed in connection with the volume of patronage as described by her the weighing machine, over which the plaintiff stumbled and fell as she turned from the soda counter to pass out of the store,…
2Cases cited3 opinions
- Bennett v. Jordan Marsh Co.Massachusetts Supreme Judicial Court · 1914
- Graham v. MiddlebyMassachusetts Supreme Judicial Court · 1904
- Ginns v. C. T. Sherer Co.Massachusetts Supreme Judicial Court · 1914
3Cited by27 opinions
- Greene v. Sibley, Lindsay & Curr Co.New York Court of Appeals · 1931
- Chalmers v. Great Atlantic & Pacific Tea Co.Court of Appeals of Maryland · 1937
- Letiecq v. Denholm & McKay Co.Massachusetts Supreme Judicial Court · 1951
- Kennedy v. Cherry & Webb Co.Massachusetts Supreme Judicial Court · 1929
- Bell v. Feibleman & Co.Louisiana Court of Appeal · 1935
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