Smith v. Simon's Supply Co.

In this action of tort for negligence resulting in personal injury to the plaintiff, the verdict was for the plaintiff, but on leave reserved the judge allowed the defendant’s motion to. enter a verdict for the defendant, and reported the case.

The plaintiff was the only witness on the question of liability. His testimony was substantially as follows: The defendant has a hardware and general supply store in New Bedford. The plaintiff, on December 27, 1944, went to the store to buy some patching plaster. A clerk of the defendant told him that cement would be better, and directed him to go down…