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Maguire v. William Filene's Sons Co.

173 N.E.2d 922, 342 Mass. 776, 1961 Mass. LEXIS 859
CourtMassachusetts Supreme Judicial Court
DecidedMarch 31, 1961
StatusPublished
Cited by8 cases

This text of 173 N.E.2d 922 (Maguire v. William Filene's Sons Co.) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Maguire v. William Filene's Sons Co., 173 N.E.2d 922, 342 Mass. 776, 1961 Mass. LEXIS 859 (Mass. 1961).

Opinion

Exceptions overruled. In this action of tort the plaintiff excepted to the direction of a verdict for the defendant. It could be found that in the late afternoon of January 28, 1956, the plaintiff was a customer in the defendant’s store in Belmont and while leaving from a rear vestibule leading to a parking lot slipped on a wet paper bag, fell and was injured. She testified that the bag was “dirty” and “grayish” and that she noticed that where she had “skidded” it was dry and the rest of it (presumably [777]*777the vestibule) was wet. The evidence was insufficient to warrant a finding that the bag had been in the vestibule for such length of time that the defendant in the exercise of ordinary care should have known of it and was negligent in failing to remove it. Caro v. F. W. Woolworth Co., ante, 155. See Johnson v. Warner Bros. Circuit Management Corp. 301 Mass. 348.

John Landfield, (Gerald Gray with him,) for the plaintiff. W. Lloyd Allen, for the defendant.

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Cite This Page — Counsel Stack

Bluebook (online)
173 N.E.2d 922, 342 Mass. 776, 1961 Mass. LEXIS 859, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maguire-v-william-filenes-sons-co-mass-1961.