Lord v. Sherer Dry Goods Co.
Massachusetts Supreme Judicial Court
Tort for injuries received by the plaintiff, a girl five years and eight months old, by being pushed down a stairway by a crowd in the defendant’s department store in Fall River. Writ dated October 16, 1907. The case was tried before Bishop, J. The plaintiff’s evidence tended to show that the accident to the plaintiff happened on a Saturday, that the plaintiff’s mother, with the plaintiff, had come to the store to buy ribbon, and that the store was crowded.
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Tort for injuries received by the plaintiff, a girl five years and eight months old, by being pushed down a stairway by a crowd in the defendant’s department store in Fall River. Writ dated October 16, 1907. The case was tried before Bishop, J. The plaintiff’s evidence tended to show that the accident to the plaintiff happened on a Saturday, that the plaintiff’s mother, with the plaintiff, had come to the store to buy ribbon, and that the store was crowded. The ribbon counter was on a balcony, which was between the first and second floors of the store. The only access to this balcony from the…
1Opinion of the CourtHammond, J.
There was nothing in the shape, construction or condition of the stairway which was unusual or which would
*3warrant a finding of negligence in leaving it as it was. In this respect the case differs from cases like Hendricken v. Meadows, 154 Mass. 599, and Toland v. Paine Furniture Co. 175 Mass. 476; S. C. 179 Mass. 501, which are cited by the plaintiff. And even if the stairs were not well lighted, it is manifest that the accident was in no way due to that fact.
Upon the question whether there was any evidence of negligence of the defendant in attracting a crowd of customers to his store and in…
2Cases cited5 opinions
- Kuhlen v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Hendricken v. MeadowsMassachusetts Supreme Judicial Court · 1891
- Toland v. Paine Furniture Co.Massachusetts Supreme Judicial Court · 1900
- Toland v. Paine Furniture Co.Massachusetts Supreme Judicial Court · 1901
- Treat v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1881
3Cited by29 opinions
- Sterns v. Highland Hotel Co.Massachusetts Supreme Judicial Court · 1940
- Brooks v. Sears, Roebuck & Co.Massachusetts Supreme Judicial Court · 1939
- Pastrick v. S. S. Kresge Co.Massachusetts Supreme Judicial Court · 1934
- Smith v. JohnsonMassachusetts Supreme Judicial Court · 1914
- Kennedy v. Cherry & Webb Co.Massachusetts Supreme Judicial Court · 1929
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