Douglas v. Shepard Norwell Co.
Massachusetts Supreme Judicial Court
Two actions of tort, the first for personal injuries alleged to have been received on August 12, 1911, when the plaintiff tripped on stairs between the drapery department and the rug department in a department store maintained by the defendant in Boston. The second action was by the husband of the plaintiff in the first for consequential injuries.
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Two actions of tort, the first for personal injuries alleged to have been received on August 12, 1911, when the plaintiff tripped on stairs between the drapery department and the rug department in a department store maintained by the defendant in Boston. The second action was by the husband of the plaintiff in the first for consequential injuries. Writs dated March 5, 1912. In the Superior Court the cases were tried together before Fessenden, J. It appeared that the rug department was on a lower level than the drapery department, and that there were three carpeted steps between them. The…
1Opinion of the CourtSheldon, J.
As the right to maintain the second of these actions depends upon the right of the first named plaintiff, we shall speak of her as the plaintiff.
It is now settled that the carpet was not in a defective or dangerous condition by reason of being loose. The slight ridge which was testified to could not have furnished evidence of negligence on the part of the defendant. Jennings v. Tompkins, 180 Mass. 302. The utmost height of the ridge was one sixteenth of an inch greater than the projection of the nail was claimed to be in that case. On the other hand, that was an abrupt projection, while this…
2Cases cited5 opinions
- Norton v. HudnerMassachusetts Supreme Judicial Court · 1913
- Jennings v. TompkinsMassachusetts Supreme Judicial Court · 1902
- Toland v. Paine Furniture Co.Massachusetts Supreme Judicial Court · 1900
- Toland v. Paine Furniture Co.Massachusetts Supreme Judicial Court · 1901
- McGowan v. MonahanMassachusetts Supreme Judicial Court · 1908
3Cited by14 opinions
- Sneckner v. FeingoldMassachusetts Supreme Judicial Court · 1943
- Pastrick v. S. S. Kresge Co.Massachusetts Supreme Judicial Court · 1934
- O'Neill v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1924
- Kennedy v. Cherry & Webb Co.Massachusetts Supreme Judicial Court · 1929
- Broadston v. Beddeo Clothing Co.Nebraska Supreme Court · 1920
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