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O'Neill v. S.S. Kresge Company

Supreme Judicial Court of Massachusetts
Oct 25, 1944
58 N.E.2d 247 (Mass. 1944)

Opinion

October 25, 1944.


Exceptions overruled. The plaintiff sustained bodily injury in the defendant's retail store when another woman, apparently a customer, pushed against her a gocart containing a child. No regulation of the defendant prohibited such vehicles in the store. There was no evidence of fault on the part of the defendant unless its failure to exclude such vehicles from its store was evidence of fault. We think it was not. Cutler v. Jordan Marsh Co. 265 Mass. 245. Andrews v. Jordan Marsh Co. 283 Mass. 158. Fiske v. Boston Elevated Railway, 289 Mass. 598. Rich v. Boston Elevated Railway, 316 Mass. 615.


Summaries of

O'Neill v. S.S. Kresge Company

Supreme Judicial Court of Massachusetts
Oct 25, 1944
58 N.E.2d 247 (Mass. 1944)
Case details for

O'Neill v. S.S. Kresge Company

Case Details

Full title:MARGARET T. O'NEILL vs. S.S. KRESGE COMPANY

Court:Supreme Judicial Court of Massachusetts

Date published: Oct 25, 1944

Citations

58 N.E.2d 247 (Mass. 1944)
317 Mass. 768