DEAGLE v. GREAT ATLANTIC & PACIFIC TEA CO.


343 Mass. 263 (1961)

178 N.E.2d 286

IDA DEAGLE vs. THE GREAT ATLANTIC & PACIFIC TEA COMPANY.

Supreme Judicial Court of Massachusetts, Middlesex.

December 1, 1961.


Attorney(s) appearing for the Case

Charles W. O'Brien, for the defendant.

Richard E. Wood, for the plaintiff.

Present: WILKINS, C.J., SPALDING, CUTTER, KIRK, & SPIEGEL, JJ.


KIRK, J.

The plaintiff, a business invitee of the defendant, was awarded damages by a jury for injuries sustained by her in a fall in the defendant's self-service store. The defendant excepted to the denial by the judge of its motion for a directed verdict and to certain portions of the judge's charge.

The jury could have found the following facts. The plaintiff arrived at the store about 11 A.M. and, after shopping

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