Hathaway v. Chandler & Co.
Massachusetts Supreme Judicial Court
Tort against a corporation carrying on a retail dry goods store at 151 Tremont Street in Boston for personal injuries sustained by the plaintiff on September 19, 1914, when she was present in the defendant’s store by invitation as a customer and fell over a matting alleged to have been negligently and improperly placed and suffered to remain on the floor.
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Tort against a corporation carrying on a retail dry goods store at 151 Tremont Street in Boston for personal injuries sustained by the plaintiff on September 19, 1914, when she was present in the defendant’s store by invitation as a customer and fell over a matting alleged to have been negligently and improperly placed and suffered to remain on the floor. Writ dated February 11, 1915. The answer contained a general denial and an allegation that the plaintiff was not in the exercise of due care and that her negligence contributed to her injury. In the Superior Court the case was tried before…
1Opinion of the CourtCrosby, J.
The plaintiff, as a customer of the defendant, was rightfully in its store by its invitation, and no contention is made that she was not in the exercise of due care when injured. The only question is whether there was any evidence which would warrant a finding that the defendant was negligent.
The plaintiff testified that as she was walking across the store with a friend her foot caught in a strip of matting upon the floor and she fell receiving the injuries complained of. She further testified that after she fell she saw the matting “looped up . . . that the center of the loop was from one…
2Cases cited7 opinions
- Hendricken v. MeadowsMassachusetts Supreme Judicial Court · 1891
- Ginns v. C. T. Sherer Co.Massachusetts Supreme Judicial Court · 1914
- Nye v. Louis K. Liggett Co.Massachusetts Supreme Judicial Court · 1916
- Toland v. Paine Furniture Co.Massachusetts Supreme Judicial Court · 1901
- Kelley v. W. D. Quimby & Co.Massachusetts Supreme Judicial Court · 1917
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Robitaille v. Netoco Community Theatre of North Attleboro, Inc.Massachusetts Supreme Judicial Court · 1940
- Judson v. American Railway Express Co.Massachusetts Supreme Judicial Court · 1922
- Tovey v. G. E. Lothrop Theatres Co.Massachusetts Supreme Judicial Court · 1934
- Lander v. Sears, Roebuck & Co.Supreme Judicial Court of Maine · 1945
- Downing v. Jordan Marsh Co.Massachusetts Supreme Judicial Court · 1919
7 more not listed; retrieve them via the Exa API.