Chick v. Gilchrist Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been sustained by the plaintiff on April 20, 1907, through the negligence of the defendant. Writ dated July 17, 1907. At the trial in the Superior Court before Harris, J., it appeared that the defendant was a corporation, that it conducted a large dry goods store in Boston at the corner of Washington Street and Winter Street, occupying several floors; and that thousands of persons thronged there daily.
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Tort for personal injuries alleged to have been sustained by the plaintiff on April 20, 1907, through the negligence of the defendant. Writ dated July 17, 1907. At the trial in the Superior Court before Harris, J., it appeared that the defendant was a corporation, that it conducted a large dry goods store in Boston at the corner of Washington Street and Winter Street, occupying several floors; and that thousands of persons thronged there daily. The plaintiff testified that in the middle of the day she went to the store as a customer, entered on the first floor and went up in the elevator to…
1Opinion of the CourtSheldon, J.
We find nothing in the evidence which could warrant a finding of any fault or negligence in the defendant. The staircase was of ordinary construction, winding in a manner which is well known and in common use in stores and office buildings. It was not in any respect out of repair. The steps were of proper kind and form. That the place was well lighted did not show any negligence; it might have tended to show negligence if it had not been. Marwedel v. Cook, 154 Mass. 235. The brass railing was an additional precaution for safety. The case resembles McIntire v. White, 171 Mass. 170.
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2Cases cited2 opinions
- Marwedel v. CookMassachusetts Supreme Judicial Court · 1891
- McIntire v. WhiteMassachusetts Supreme Judicial Court · 1898
3Cited by10 opinions
- Pastrick v. S. S. Kresge Co.Massachusetts Supreme Judicial Court · 1934
- Thompson v. Young Men's Christian Ass'nNebraska Supreme Court · 1932
- Phillips v. Shell Oil Co.Appellate Court of Illinois · 1973
- Beach v. S. S. Kresge Co.Massachusetts Supreme Judicial Court · 1939
- Johnson v. Town of OrangeMassachusetts Supreme Judicial Court · 1946
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