Legal Opinion

Jackson v. B. Lowenstein Bros., Inc.

Tennessee Supreme Court

Decided February 17, 1940PublishedCited by 50 opinions

1Opinion of the Court

Mr. Special Justice Edward J. Smith

delivered the opinion of the Court.

This is an appeal from a judgment of the trial court sustaining a demurrer to the declaration, and dismissing the plaintiff’s action for personal injuries.

The declaration states, in substance, that the defendant operates a large department store in the city of Memphis, and that the South Main Street door, leading from the street, through which patrons and customers enter the store, is directly faced by a narrow stairway, without handrails, descending from the first floor to the basement floor to which customers and patrons…

2Cases cited2 opinions

  1. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  2. Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898

3Cited by50 opinions

  1. Spivey v. St. Thomas HospitalCourt of Appeals of Tennessee · 1947
  2. Monday v. MillsapsCourt of Appeals of Tennessee · 1953
  3. Osborn v. City of NashvilleTennessee Supreme Court · 1945
  4. Tartera v. PalumboTennessee Supreme Court · 1970
  5. Duran v. Hyundai Motor America, Inc.Court of Appeals of Tennessee · 2008

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