Legal Opinion

Jerauld v. Sears, Roebuck & Co.

Massachusetts District Court, Appellate Division

Decided April 5, 1991PublishedCited by 3 opinions

1Opinion of the CourtSherman, P.J.

This is an action instituted in the Middlesex County Superior Court and subsequently remanded for trial to the Waltham Division of the District Court Department pursuant to the provisions of G.Lc. 231, §102C.

The action is one in negligence to recover for injuries sustained when the plaintiff fell from a rowing machine that was on display as a demonstration model at the defendant’s Burlington, Massachusetts store. After trial, the court found for the plaintiff, specifically finding that the defendant knew or should have known that the seat of the rowing machine was not secured to its…

2Cases cited18 opinions

  1. DiGesse v. Columbia Pontiac Co. Inc.Massachusetts Supreme Judicial Court · 1975
  2. Marlow v. City of New BedfordMassachusetts Supreme Judicial Court · 1976
  3. Graustein v. DolanMassachusetts Supreme Judicial Court · 1933
  4. Crall v. City of LeominsterMassachusetts Supreme Judicial Court · 1972
  5. Butler v. CromartieMassachusetts Supreme Judicial Court · 1959

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3Cited by3 opinions

  1. Macone Bros. v. StraussMassachusetts District Court, Appellate Division · 1997
  2. Law Office of Johnson v. DonohoeMassachusetts District Court, Appellate Division · 1997
  3. Kennedy v. McGrathMassachusetts District Court, Appellate Division · 1993

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