Legal Opinion

Ginns v. C. T. Sherer Co.

Massachusetts Supreme Judicial Court

Decided October 22, 1914PublishedCited by 27 opinions

Tort against a corporation carrying on a department store on Front Street in Worcester, for personal injuries sustained on May 4, 1911, when the plaintiff was thirteen years of age and had been sent by her mother to the defendant’s millinery department to bring back a hat, the injuries being alleged to have been caused by the negligence of the defendant in permitting a large pasteboard hat box to remain in an aisle between the ends of the counters of the millinery…

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Tort against a corporation carrying on a department store on Front Street in Worcester, for personal injuries sustained on May 4, 1911, when the plaintiff was thirteen years of age and had been sent by her mother to the defendant’s millinery department to bring back a hat, the injuries being alleged to have been caused by the negligence of the defendant in permitting a large pasteboard hat box to remain in an aisle between the ends of the counters of the millinery department, over which the plaintiff stumbled and fell, breaking her leg. Writ dated October 13, 1911. In the Superior Court the…

1Opinion of the CourtDe Cotjrcy, J.

In the millinery department of the defendant’s store there was a passageway, on each side of which was a series of counters or tables used for displaying hats. This main aisle was three or three and a half feet wide at the place of the accident. It could be found on the evidence that the aisle was obstructed there by a hat box which was about nineteen inches in width and nine inches in height, and which had been left there for half an hour or more. The woman in charge of the department testified that it was her duty to see that there were no boxes in the aisle; and that “it was against the…

2Cases cited5 opinions

  1. Jennings v. RooneyMassachusetts Supreme Judicial Court · 1903
  2. George v. City of HaverhillMassachusetts Supreme Judicial Court · 1872
  3. Marston v. ReynoldsMassachusetts Supreme Judicial Court · 1912
  4. Hendricken v. MeadowsMassachusetts Supreme Judicial Court · 1891
  5. McDermott v. SallawayMassachusetts Supreme Judicial Court · 1908

3Cited by27 opinions

  1. Greene v. Sibley, Lindsay & Curr Co.New York Court of Appeals · 1931
  2. Chalmers v. Great Atlantic & Pacific Tea Co.Court of Appeals of Maryland · 1937
  3. Langley v. F. W. Woolworth Co.Supreme Court of Rhode Island · 1925
  4. Brinkworth v. Sam Seelig Co.California Court of Appeal · 1921
  5. Letiecq v. Denholm & McKay Co.Massachusetts Supreme Judicial Court · 1951

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