Barron v. McLellan Stores Co.

This is an action of tort in which the plaintiff seeks to be compensated for injuries sustained as the result of a can of beans negligently placed in the oven of a stove in the premises of the defendant by an employee of the “A & S Luncheonette.” The answer was a general denial and set up contributory negligence.

There was evidence tending to show that the defendant conducted a store in the Dorchester District of Boston; that a luncheonette was operated in said store by the “A & 8 Luncheonette”; that there was no dividing wall between the luncheonette and the rest of the store; that the entire…