McDermott v. Sallaway
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff while in the defendant’s store as a customer, and alleged in the declaratian to be due to the fact that “ the defendant or his agent or servant negligently and carelessly pushed a door ” against her. Writ in the Municipal Court of the City of Boston dated October 15, 1906. On appeal the ease was tried before White, J. The facts are stated in the opinion.
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Tort for personal injuries received by the plaintiff while in the defendant’s store as a customer, and alleged in the declaratian to be due to the fact that “ the defendant or his agent or servant negligently and carelessly pushed a door ” against her. Writ in the Municipal Court of the City of Boston dated October 15, 1906. On appeal the ease was tried before White, J. The facts are stated in the opinion. At the close of the evidence, the defendant requested the presiding judge to direct a verdict for the defendant, but the request was refused, there was a verdict for the plaintiff, and the…
1Opinion of the CourtRugg, J.
This is an action of tort to recover for personal injuries sustained by the plaintiff while in the meat and fish market of the defendant as a customer. No claim was made that there was any defective condition in the market. The plaintiff’s sole contention was that there was carelessness on the part of the servant of the defendant in opening a door against her. Running down the middle of the rear part of the market, there was a series of blocks and a bench, constituting a substantially continuous counter, on both sides of which was a space or passageway. The blocks were for the purpose of…
2Cases cited3 opinions
- Elliott v. BakerMassachusetts Supreme Judicial Court · 1907
- Jefferds v. AlvardMassachusetts Supreme Judicial Court · 1890
- Paine v. Armour & Co.Massachusetts Supreme Judicial Court · 1907
3Cited by22 opinions
- J. G. Christopher Co. v. RussellSupreme Court of Florida · 1912
- Santaella Negrón v. LicariSupreme Court of Puerto Rico · 1961
- Commonwealth v. DavisMassachusetts Supreme Judicial Court · 1933
- Judson v. American Railway Express Co.Massachusetts Supreme Judicial Court · 1922
- Grogan v. O'Keeffe's Inc.Massachusetts Supreme Judicial Court · 1929
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