Legal Opinion

Hutchins v. F. W. Woolworth Co.

Massachusetts Supreme Judicial Court

Decided March 3, 1949PublishedCited by 5 opinions

1Opinion of the CourtWilkins, J.

In this action of tort by a customer who was hurt by a fall on the floor of the defendant’s store, there was a verdict for the plaintiff. The defendant’s only exception is to the denial of its motion for a directed verdict. It argues that there was no evidence of negligence or of causation.

It was the evening of a rainy day, and, in view from the door by which the plaintiff entered, there was an indentation in the floor containing a puddle “about two feet wide, and maybe larger,” one quarter to one half inch deep, and “dark in color.” The floor was of wood, and “very wet where everybody’s feet…

2Cases cited5 opinions

  1. Ventromile v. Malden Electric Co.Massachusetts Supreme Judicial Court · 1944
  2. Blake v. Great Atlantic & Pacific Tea Co.Massachusetts Supreme Judicial Court · 1929
  3. Trottier v. Neisner Brothers, Inc.Massachusetts Supreme Judicial Court · 1933
  4. Laskey v. First National Stores Inc.Massachusetts Supreme Judicial Court · 1945
  5. Paull v. RadloMassachusetts Supreme Judicial Court · 1936

3Cited by5 opinions

  1. Robinson v. Ipswich Post 1093, V.F.W. Inc.Massachusetts Supreme Judicial Court · 1961
  2. Gerstenzang v. Kennedy & Co. Inc.Massachusetts Supreme Judicial Court · 1959
  3. Kirmes v. Stop & Shop Companies, Inc.Massachusetts District Court, Appellate Division · 1992
  4. Menard v. TessierMassachusetts Supreme Judicial Court · 1952
  5. Fitzgerald V. Cain's Lobster House, Inc.Massachusetts District Court, Appellate Division · 1955

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