267 Mass. 217 | Mass. | 1929
This is an action of tort for personal injuries resulting to the plaintiff from a fall in the defendant’s store in Lowell. It was tried before a judge of the Superior Court and a jury. The judge directed the jury to return a verdict for the defendant, and reported the case “for the determination of the question whether there was any evidence of defendant’s negligence requiring the submission of this case to the jury. If there was any evidence of defendant’s negligence, plaintiff is to be entitled to a new trial, otherwise judgment to be entered for defendant.”
The evidence reported is as follows: “The defendant operates the largest department store in Lowell engaged in the sale of women’s wearing apparel. The plaintiff, on July 7, 1927, sometime between 10 a.m. and 12 noon, accompanied by her sister, went to the defendant’s store and made some purchases. Sometime before this date repairs had been made in the defendant’s store, and this was the first time the plaintiff had been on the premises since the making of the repairs. Defendant’s store, running north and south, extended from Merrimack Street to Lee Street and easterly extended to John Street with entrances on both Merrimack and John Streets. A difference of levels existed between the south and north portions of the ground floor of the premises; the latter being about eight inches higher than the former. The north part of the store was reached by a ramp or incline leading from the lower to the upper level. At the easterly part of this incline a platform existed on an even level with the floor of the north portion of the premises and continued
We cannot say as matter of law that there was no evidence of negligence on the part of the defendant. In our opinion the case should have been submitted to the jury.
The evidence tended to show that the plaintiff received personal injuries when she was in that part of the defendant’s store which was intended for the use of customers, and that she was there as a customer by the invitation of the defendant. In such circumstances the defendant owed to the plaintiff the duty to use reasonable care to keep the premises in safe condition for her use as a customer. Douglas v. Shepard Norwell Co. 217 Mass. 127, 129. Ginns v. C. T. Sherer Co. 219 Mass. 18, 19. Nye v. Louis K. Liggett Co. 224 Mass. 401, 404.
The evidence also tended to show that the plaintiff’s injuries resulted from catching her toe against a raised platform which was formed by the projection of the floor of the store at its upper level by the side of the incline leading to the floor at its lower level, and which, at the time of the plaintiff’s fall, was without a railing or warning sign and was partly
In accordance with the terms of the report the entry must be
New trial granted.