Frost v. McCarthy
Massachusetts Supreme Judicial Court
Tort for personal injuries from slipping upon a step leading from the store of the defendant, as described in the opinion.
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Tort for personal injuries from slipping upon a step leading from the store of the defendant, as described in the opinion. Writ dated February 17, 1905. In the Superior Court the case was tried before Brown, J. At the trial it was admitted that the defendant McCarthy was the lessee of the store at the entrance to which the plaintiff received her injuries, that he was carrying on his business as usual there on the day of the accident, and that he occupied for his store only the first floor of the building. The other defendant, Whitcomb, was a general contractor doing work at McCarthy’s store…
1Opinion of the CourtRugg, J.
This is an action of tort to recover damages for personal injuries sustained by the plaintiff while coming out of the retail lace store of the defendant McCarthy, at the corner of West and Tremont Streets in Boston. These exceptions relate *447only to the liability of McCarthy, who will hereafter be referred to as the defendant. The accident occurred on the morning of September 19, 1904, which was a pleasant day. For some time before this a general contractor had been at work making, changes and alterations in the store. This work was still in progress on the day of the injury. The plaintiff had…
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