Mudge v. Stop & Shop, Inc.

The sole question here is whether on the following evidence, which came exclusively from the plaintiff, there was a case for the jury.

On February 7, 1957, the plaintiff, then aged sixty-eight, went to the defendant’s store in Haverhill to purchase groceries. The store is a supermarket in which the customers select their purchases from the shelves, transport them in wire carts, and pay for them at a check out counter on the way out. Just prior to the accident the plaintiff, in search of one more article, wheeled her cart down an aisle between shelves of merchandise. She “saw ahead of her,…