Hoyt v. Woodbury
Massachusetts Supreme Judicial Court
Tort for injuries alleged to have been received by the plaintiff as she was leaving a store on Central Square in Lynn, leased by the defendant to one Bauer, by reason of her stumbling upon a raised portion of the floor of the store entrance.
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Tort for injuries alleged to have been received by the plaintiff as she was leaving a store on Central Square in Lynn, leased by the defendant to one Bauer, by reason of her stumbling upon a raised portion of the floor of the store entrance. Writ in the Superior Court for the county of Essex dated April 17, 1905. At the trial Pierce, J., directed a verdict for the defendant upon the facts which the plaintiff’s counsel stated he relied on to maintain the action; and the plaintiff alleged an exception. The facts are stated in the opinion. The case was submitted on briefs.
1Opinion of the CourtRugg, J.
This is an action of tort to recover for injuries sustained by the plaintiff from a fall on premises of the defendant under these circumstances: For the purpose of trading she visited the store of one Bauer, who was a tenant of the defendant, in a four story block; the first story was occupied by two stores, between which was an entrance to the upper stories ; the street in front of the block was at a considerable grade, Bauer’s store being opposite the lower portion of the street; the front of the building was on the street line, but all the entrances were set back, that of Bauer’s store…
2Cases cited2 opinions
- Ware v. Evangelical Baptist Benevolent & Missionary SocietyMassachusetts Supreme Judicial Court · 1902
- Lorenzo v. WirthMassachusetts Supreme Judicial Court · 1898
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- Marshall v. San Jacinto Bldg., Inc.Court of Appeals of Texas · 1933
- Garner v. Atlantic Greyhound CorporationSupreme Court of North Carolina · 1959
- Sterns v. Highland Hotel Co.Massachusetts Supreme Judicial Court · 1940
- Brooks v. Sears, Roebuck & Co.Massachusetts Supreme Judicial Court · 1939
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