Barron v. McLellan Stores Co.

The defendant appealed from the decision of the Appellate Division of the Municipal Court of the City of Boston which ordered dismissed the report of the trial judge, who found for the plaintiff in each case. The actions are in tort.

There was evidence that there was a “luncheonette” in the defendant’s store that was operated by a concessionaire known as the “A & S Luncheonette,” a corporation. While the plaintiffs were eating at the luncheon counter, they were injured by the explosion of a can of beans, due to the negligence of an employee of the concessionaire. There was no dividing wall…