Gilbert v. Nagle
Massachusetts Supreme Judicial Court
Tort to recover for personal injuries sustained by reason of falling through a trap-door in the defendant’s shop. At the trial in the Superior Court before Pitman, J., the jury found for the plaintiff and the defendant alleged exceptions, the substance of which appears in the opinion.
1Opinion of the CourtEndicott, J.
It cannot be said, as matter of law upon the facts reported, that the plaintiff was a trespasser at the time she received the alleged injuries. This is the only question submitted to us at the argument.
There was evidence that the defendant kept a shop for the sale and lease of sewing machines, and had them on exhibition to be inspected and examined by customers and visitors. The plaintiff was properly on the premises. She had obtained a purchaser for a machine and was to receive from the defendant a commission on the sale. While the purchaser was completing her purchase, the plaintiff left…
2Cited by20 opinions
- Mulchey v. Methodist Religious SocietyMassachusetts Supreme Judicial Court · 1878
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- Phillips v. Library Co.Supreme Court of New Jersey · 1893
- Bright v. Barnett & Record Co.Wisconsin Supreme Court · 1894
- Johnson v. SpearMichigan Supreme Court · 1889
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