Hunnewell v. Haskell
Massachusetts Supreme Judicial Court
Tort, for personal injuries. At the trial in the Superior Court, before Blodgett, J., the plaintiff testified that she entered the defendant’s store in New Bedford at the entrance on Purchase Street about nine o’clock in the morning; that there was a great crowd in the passageway; that she turned to the right to get round to the silk counter, which was on the south side of the store; that there were so many people there she had to edge her way along; that “ right there was…
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Tort, for personal injuries. At the trial in the Superior Court, before Blodgett, J., the plaintiff testified that she entered the defendant’s store in New Bedford at the entrance on Purchase Street about nine o’clock in the morning; that there was a great crowd in the passageway; that she turned to the right to get round to the silk counter, which was on the south side of the store; that there were so many people there she had to edge her way along; that “ right there was an open stairway, and I suppose I went too near to get round as I could not see anything, and I did not see any open…
1Opinion of the CourtHolmes, C. J.
If the court can see that there has been no breach of duty on the part of the defendant, an allegation of negligence will not entitle the plaintiff to go to the jury. There is no duty on the part of a shopkeeper to give warning of the presence of an ordinary flight of stairs in broad daylight, or to guard the necessary access to it even if there is a crowd in his shop. The sides of the opening were guarded. Every one who *559is on an upper story knows that there probably are stairs from it somewhere, and must look out for them. See Richardson v. Boston, 156 Mass. 145; Pinney v. Hall, 156 Mass.…
2Cases cited5 opinions
- Currier v. Boston Music Hall Ass'nMassachusetts Supreme Judicial Court · 1883
- Hendricken v. MeadowsMassachusetts Supreme Judicial Court · 1891
- Pinney v. HallMassachusetts Supreme Judicial Court · 1892
- Drennan v. GradyMassachusetts Supreme Judicial Court · 1897
- Richardson v. City of BostonMassachusetts Supreme Judicial Court · 1892
3Cited by31 opinions
- Gibson v. Consolidated Credit Corp.Court of Appeals of Georgia · 1964
- Blodgett v. B. H. Dyas Co.California Supreme Court · 1935
- Garner v. Atlantic Greyhound CorporationSupreme Court of North Carolina · 1959
- Albachten v. Golden RuleSupreme Court of Minnesota · 1917
- Long v. JoestleinCourt of Appeals of Maryland · 1949
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