Hendricken v. Meadows
Massachusetts Supreme Judicial Court
Tobt, for personal injuries occasioned to the plaintiff, a girl between eighteen and nineteen years of age, by stepping into an open register hole in the defendant’s store.
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Tobt, for personal injuries occasioned to the plaintiff, a girl between eighteen and nineteen years of age, by stepping into an open register hole in the defendant’s store. At the trial in the Superior Court, before Hammond, J., there was evidence that the register hole was in the floor of the store, and was about eighteen inches in diameter; that this hole ordinarily was closed by an iron grating, and was nearly opposite and about a foot in front of the end of a showcase about ten feet long, and at the end of the store farthest from the entrance door; that on the morning of the accident the…
1Opinion of the CourtLathrop, J.
The only questions which have been argued by the defendant in this case are whether there was sufficient evidence to warrant the jury in finding due care on the part of the plaintiff, and also negligence on the part of the defendant.
We are of opinion that there was evidence for the jury on both of these points. The evidence was conflicting on the questions whether any warning was given to the plaintiff, and whether she saw the hole before the accident. Although it appears that she might have seen the hole if she had looked on the floor, and had not had her eyes fixed upon the articles in the…
2Cited by28 opinions
- Davis v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1893
- Judson v. American Railway Express Co.Massachusetts Supreme Judicial Court · 1922
- Marston v. ReynoldsMassachusetts Supreme Judicial Court · 1912
- Heina v. Broadway Fruit Market, Inc.Massachusetts Supreme Judicial Court · 1939
- Hunnewell v. HaskellMassachusetts Supreme Judicial Court · 1899
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