Jacobsen v. Simons
Massachusetts Supreme Judicial Court
Tort for personal injuries suffered by the plaintiff from falling down a flight of stairs leading to a basement from a toilet room in a restaurant maintained by the defendant.
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Tort for personal injuries suffered by the plaintiff from falling down a flight of stairs leading to a basement from a toilet room in a restaurant maintained by the defendant. Writ in the Municipal Court of the City of Boston dated March 28, 1912. On appeal to the Superior Court the case was tried before Bell, J. Hiere were in evidence plans which showed that the toilet room was eleven feet long and three feet two inches wide, and was partitioned off from the main room of the restaurant. The entrance door opened outward from the toilet room by swinging from hinges at its right. Opening from…
1Opinion of the CourtSheldon, J.
Upon the evidence the jury could have found that the plaintiff not only was permitted, but was invited, to use the defendant’s toilet room. If so, the defendant owed to her the duty of exercising reasonable care to see that the room and the approaches by which the plaintiff was to get to it were reasonably safe for her use. Toland v. Paine Furniture Co. 179 Mass. 501. It seems also plain that, whatever the weight of the evidence might have been, there was evidence on which it could have been found that the plaintiff was in the exercise of due care, and that she was injured by reason of a…
2Cases cited3 opinions
- Marwedel v. CookMassachusetts Supreme Judicial Court · 1891
- Holmes v. DrewMassachusetts Supreme Judicial Court · 1890
- Toland v. Paine Furniture Co.Massachusetts Supreme Judicial Court · 1901
3Cited by14 opinions
- Comeau v. ComeauMassachusetts Supreme Judicial Court · 1934
- Palmer v. Boston Penny Savings BankMassachusetts Supreme Judicial Court · 1938
- O'Brien v. Harvard Restaurant & Liquor Co.Massachusetts Supreme Judicial Court · 1941
- Callaghan v. R. H. White Co.Massachusetts Supreme Judicial Court · 1939
- Pope v. Willow Garages Inc.Massachusetts Supreme Judicial Court · 1931
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