(DOWNLOAD) "Diangelo v. United Markets" by Supreme Judicial Court of Massachusetts " Book PDF Kindle ePub Free
eBook details
- Title: Diangelo v. United Markets
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 01, 1946
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
WILKINS, Justice. This is an action of tort for negligence by a customer against a store owner to recover for injuries due to slipping on a substance on the floor. The jury found for the plaintiff. The defendant's exceptions relate to the admission of evidence, to the denial of a motion for a directed verdict, and to the charge. On Saturday, February 6, 1943, at some time after 11 A.M. the plaintiff, who had made a purchase in the defendant's store in Boston, started toward a side door leading to Blackstone Street. To do so it was necessary to walk up a ramp connecting the floor of the rear of the store with the floor of the front of the store, which was about two feet lower. As she started to ascend the ramp, which was between the cheese and cooky counters, and when she had taken one step uphill, 'her foot slipped and she fell.' Her 'foot slipped before she got to the ramp and fell onto the ramp.' She then looked and saw what caused her to fall. There was 'some black stuff' stuck to the floor. It was about the size of her hand, a quarter of an inch thick, black on top, and brown on the bottom. It had been there since Christmas time. She used to go to the store two or three times a week. There was a 'lot more' of the substance on the way from the Hanover Street entrance to the space between the cheese counter and the cooky counter. It was a rainy day, and there were 'a lot of people' in the store. The foregoing could have been found on the testimony of the plaintiff.