[Download] "Mccarthy v. Great Atlantic & Pacific Tea" by Supreme Judicial Court of Massachusetts # eBook PDF Kindle ePub Free

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eBook details

• Title: Mccarthy v. Great Atlantic & Pacific Tea
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 26, 1935
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

QUA, Justice. This is an action to recover for personal injuries sustained by the plaintiff at a store of the defendant in Fall River, to which the plaintiff had come as a customer. The jury found for the plaintiff. The entrance to the store was three and one-half feet wide at the door. The plaintiff testified as follows: When he entered the store he saw on his right two bread boxes, one on top of the other, 'up against' the right hand side of the entrance. There was sufficient space to go into the store without difficulty. These boxes were about two feet long, a foot and a half wide and a foot and a half deep. The plaintiff ordered a loaf of bread, whereupon the defendant's clerk went to the door where the two boxes were. He first opened the top box, made a remark indicating that it did not contain the desired bread and then pulled out the bottom box eight or nine inches. The top box came with it. He then pushed the top box 'back to the wall leaving the bottom box extending out eight or nine inches.' He took a loaf of bread from the bottom box, 'returned to the store,' wrapped up the bread and handed it to the plaintiff, who paid for it. The plaintiff then walked to the door. It 'appeared to him that he was walking out of the same space that he came in.' As he was stepping down the step at the door, he tripped over the corner of the box that had been pulled out and fell out of the store and down the steps. This was all the evidence bearing on the questions raised.

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