Corthell v. Great Atlantic & Pacific Tea Co.

The defendant operated a retail grocery and meat store in Lynn, heated by hot air registers in the floor. On May 23, 1932, the plaintiff entered the store and walked towards the grocery counter. She stopped to take a “cookie” from a plate held by a person dressed as a clown, who was engaged in exhibiting “cookies,” though not as a servant of the defendant. When she started to walk again, she found that one of her heels had become caught in one of the openings in a register. In consequence of that, she fell and was hurt.

The judge denied the defendant’s motion for a directed verdict, subject to…