Paine v. Armour & Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries from being struck by the heavy door of a refrigerator when suddenly pushed open by an employee of the defendant at its place of business at 109 Clinton Street in Boston.
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Tort for personal injuries from being struck by the heavy door of a refrigerator when suddenly pushed open by an employee of the defendant at its place of business at 109 Clinton Street in Boston. Writ dated September 23,1901. At the trial in the Superior Court before Richardson, J. it appeared that the accident happened on July 24, 1901; that the defendant was a corporation engaged in the business of selling fresh meats; that the plaintiff had been in the provision business for himself and others in Boston for about thirty-two years; that at the time of the accident he was going to start in…
1Opinion of the CourtHammond, J.
While this case is close, still we think that upon the evidence the jury might have found that the door which came in contact with the plaintiff was a thick, heavy door; that, when swinging in opening, it would pass over a part of the floor likely to be occupied by the defendant’s customers; that the plaintiff was a customer and was standing upon this space by the invitation of the defendant, with no reason to think that the door would be quickly and violently opened; and that while he was thus standing the door was quickly and violently thrown open by the defendant’s servant without any…
2Cited by5 opinions
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- Santaella Negrón v. LicariSupreme Court of Puerto Rico · 1961