Downing v. Jordan Marsh Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received in a fall alleged to have been caused by a defective condition of a mat over which the plaintiff stumbled as she was leaving the defendant’s department store in Boston. Writ dated October 7, 1916. In the Superior Court the action was tried before Hall, J. The material evidence is described in the opinion.
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Tort for personal injuries received in a fall alleged to have been caused by a defective condition of a mat over which the plaintiff stumbled as she was leaving the defendant’s department store in Boston. Writ dated October 7, 1916. In the Superior Court the action was tried before Hall, J. The material evidence is described in the opinion. At the close of the plaintiff’s evidence, the defendant rested and the judge ordered a verdict for the defendant and reported the case to this court upon the stipulation that, if his ruling was correct, judgment was to be entered for the defendant;…
1Opinion of the CourtCarroll, J.
The plaintiff went to the defendant’s store accompanied by her aunt who intended to buy “some wings for a hat that . . . [[the plaintiff] was to make.” As they were leaving the store the plaintiff tripped on a wire mat near the exit *160on Summer Street and was injured. The judge directed the jury to return a verdict for the defendant and reported the case.
There was evidence that the mat was about three feet wide and about four or five feet long, set in a “groove about an inch wide;” that the edge of the mat was above this groove and the plaintiff tripped on the edge of the mat “which was a…
2Cases cited7 opinions
- Nye v. Louis K. Liggett Co.Massachusetts Supreme Judicial Court · 1916
- Toland v. Paine Furniture Co.Massachusetts Supreme Judicial Court · 1901
- Zugbie v. J. R. Whipple Co.Massachusetts Supreme Judicial Court · 1918
- Douglas v. Shepard Norwell Co.Massachusetts Supreme Judicial Court · 1914
- Kelley v. W. D. Quimby & Co.Massachusetts Supreme Judicial Court · 1917
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3Cited by18 opinions
- Rawls v. Hochschild, Kohn & Co.Court of Appeals of Maryland · 1955
- Judson v. American Railway Express Co.Massachusetts Supreme Judicial Court · 1922
- Keenan v. E. M. Loew's, Inc.Massachusetts Supreme Judicial Court · 1939
- Agnew v. FranksMassachusetts Supreme Judicial Court · 1926
- Tovey v. G. E. Lothrop Theatres Co.Massachusetts Supreme Judicial Court · 1934
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