Legal Opinion

Kelley v. W. D. Quimby & Co.

Massachusetts Supreme Judicial Court

Decided May 25, 1917PublishedCited by 13 opinions

Tort, originally against W. D. Quimby and Company, Incorporated, a corporation, and William D. Quimby, for personal injuries sustained by the plaintiff on June 20, 1913, by reason of a heavy piece of glass, which had become detached from the candy show-case of the defendants in the Henry Siegel Company’s store in Boston, falling upon the plaintiff’s right foot.

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Tort, originally against W. D. Quimby and Company, Incorporated, a corporation, and William D. Quimby, for personal injuries sustained by the plaintiff on June 20, 1913, by reason of a heavy piece of glass, which had become detached from the candy show-case of the defendants in the Henry Siegel Company’s store in Boston, falling upon the plaintiff’s right foot. Writ dated March 10, 1914. Later the plaintiff discontinued her action against the W. D. Quimby and Company, Incorporated, leaving William D. Quimby, individually, as the sole defendant. In the Superior Court the case was tried before…

1Opinion of the CourtCrosby, J.

This is an action to recover for personal injuries caused by the falling of a piece of glass upon the plaintiff’s right foot. The accident occurred in the store of Henry Siegel Company in Boston, on June 20, 1913. • '

The defendant, on the date in question, had the privilege of selling candy in the store under a contract with the Henry Siegel Company, by the terms of which the latter furnished the showcase, counter and fixtures. These were located in the aisle of the store. The outer side of the show-case where customers stood was constructed of "pieces of heavy glass placed in and supported…

2Cited by13 opinions

  1. McCloskey Ex Rel. McCloskey v. KoplarSupreme Court of Missouri · 1932
  2. Keenan v. E. M. Loew's, Inc.Massachusetts Supreme Judicial Court · 1939
  3. Willett v. PilotteMassachusetts Supreme Judicial Court · 1953
  4. Downing v. Jordan Marsh Co.Massachusetts Supreme Judicial Court · 1919
  5. Rouillard v. Canadian Klondike Club, Inc.Massachusetts Supreme Judicial Court · 1944

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