(Download) "Bennett v. Cohen Et Al." by Supreme Judicial Court of Massachusetts * Book PDF Kindle ePub Free
eBook details
- Title: Bennett v. Cohen Et Al.
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 28, 1942
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
DONAHUE, Justice. The plaintiff, while walking along a sidewalk in the shopping district of the city of Fall River, at about six o'clock on an October evening, stepped on a tomato and slipped and fell receiving injury. The place of her fall was in front of a market owned and operated by the defendants. During the day the defendants maintained on the sidewalk several movable stands for the display and sale of fruit and vegetables. On the evening in question, employees of the defendants had removed certain stands from the sidewalk to the inside of the market six or seven minutes before the plaintiff came along. This they did without removing from the stands any of the fruit or vegetables which were 'piled up' thereon. As the employees were carrying the stands, some of their contents, including tomatoes, fell upon the sidewalk. 1. It does not appear that the defendants' use of the sidewalk stands for the display of fruit and vegetables was a violation of any municipal ordinance or regulation. There was evidence, however, that the removal of the stands, with fruit and vegetables 'piled' thereon, would be likely to result in some of their contents falling on the sidewalk and it further appeared that this in fact occurred. A finding that the employees of the defendants were negligent was warranted. Jennings v. First National Stores, Inc., 295 Mass. 117, 3 N.E.2d 179; Heina v. Broadway Fruit Market, Inc., 304 Mass. 608, 610, 24 N.E.2d 510.