Grace v. Jordan Marsh Co.

The plaintiff, a customer, was injured in an entrance to the defendant’s store. The declaration in this action of tort alleges negligence in construction and in permitting accumulation of “water and mud, and other debris.” At the conclusion of the plaintiff’s opening the judge directed a verdict, for the defendant and reported the case to this court. We assume that the statements of fact, both specific and general, in the opening were true and would have been substantiated by testimony. Shapiro v. Segal, 316 Mass. 556. Waugh v. Great Atlantic & Pacific Tea Co., ante, 230. On Saturday,…