Wyman v. McLellan Stores Co.
| Decision Date | 30 November 1943 |
| Citation | 315 Mass. 117,51 N.E.2d 969 |
| Parties | WYMAN v. McLELLAN STORES CO. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
OPINION TEXT STARTS HERE
Exceptions from Superior Court, Hampden County; F. J. Donahue, Judge.
Action of tort by Mary Wyman against McLellan Stores Company for injuries alleged to have been sustained by plaintiff as a result of a fall in defendant's store. A verdict was directed for defendant, and plaintiff brings exceptions.
Exceptions overruled.
Before FIELD, C. J., and DONAHUE, DOLAN, and RONAN, JJ.
J. E. Kerigan, of Springfield, for plaintiff.
R. S. Spooner and T. J. Donahue, both of Springfield, for defendant.
This is an action of tort brought in the Superior Court to recover compensation for personal injuries alleged to have been sustained by the plaintiff as a result of falling in the defendant's store. The case was tried before a judge and a jury. Upon motion of the defendant a verdict was directed for the defendant, and the plaintiff excepted. The verdict was directed rightly.
There was evidence that the defendant conducted a store for the sale of various kinds of merchandise, having a market department for the sale of meats, vegetables and groceries, and that when the plaintiff was in the market department for the purpose of making a purchase she slipped and fell and thereby sustained personal injuries. The evidence of the circumstances attending the plaintiff's slipping and falling was as follows: the floor of the market ‘was made of smooth, hard wood.’ The plaintiff ‘was walking to the vegetable counter to get some soup vegetables.’ At ‘a point at the vegetable counter in the aisle between the meat and vegetable counters,’ the plaintiff ‘stepped on a peapod which was lying on the floor and slipped and fell.’ The peapod was ‘crushed.’ The plaintiff testified that ‘the floor looked clean,’ that she ‘didn't see anything on the floor’ but she ‘didn't pay no particular attention to it, there was so many people coming in you couldn't tell,’ that there were ‘a lot of people going in and out all the time,’ and that they ‘were all over the store, going back and up.’ She further testified that the peapod was ‘flat, ragged and dark’ and that it was ‘crushed,’ that she knew that she ‘slipped on it’ and she ‘guess[ed] it had been crushed before * * * [she] got hurt,’ but that she did not know that. Another witness testified that there was ‘a peapod, that it was dark and crushed and dirty, and * * * there were no peas inside it.’ It was agreed that another witness, if present at the trial, would have testified that the peapod ‘had the appearance of being raggedy, crushed, and dirty, and that there were no peas in it.’
There was no evidence of the presence or absence of employees of the...
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