Smail v. Jordan Marsh Co.

On February 4, 1936, at about 2:20 p.m., the plaintiff, while a customer in the defendant’s store, slipped on a platform in the defendant’s control which connected with a stairway leading from the defendant’s "basement department” to a subway station of the Boston Elevated Bailway. After a verdict for the plaintiff, the judge, upon leave reserved, entered a verdict for the defendant.

From the plaintiff’s testimony the jury could find that she "skidded” on some "dark brown” candy, with "a lot of white filling or something,” that "had been flattened right out.” This candy was "about twice as big…