Bennett v. Jordan Marsh Co.

This is an action of tort for personal injuries caused by the plaintiff falling on a stairway in the defendant’s department store by reason of the alleged defective condition of the stairway. The presiding judge,* after a disagreement of the jury, ordered a verdict for the defendant; this was equivalent to *551a ruling that as matter of law upon the evidence most favorable to the plaintiff she was not entitled to recover. The case is here on the defendant’s exceptions.

The plaintiff, who had been in the employ of the defendant until two days before the accident, went to the store to make some…