Massachusetts Supreme Judicial Court, 1967

Landon v. First National Stores, Inc.

Massachusetts Supreme Judicial Court · Decided December 1, 1967

353 Mass. 756; 231 N.E.2d 575; 1967 Mass. LEXIS 1008

Cases that cite this one

5 later published cases cite this decision.

Lisa Jorgensen v. Massachusetts Port Authority, Appeal of Donald Hertzfeldt and Peter Langley (1st Cir. 1990)
Richardson v. Foodmaster Supermarket, Inc. (Mass. Dist. Ct., App. Div. 1998)
Shahzade v. C.J. Mabardy, Inc. (Mass. 1992)
Borden v. Betty Gibson Associates, Inc. (Mass. App. Ct. 1991)
Hough v. Ann & Hope, Inc. (Mass. Dist. Ct., App. Div. 1989)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

The minor plaintiff brought this action in tort to recover for injuries sustained in a fall in the defendant’s store. She is here on her exception to the allowance of the defendant’s motion that the court enter a verdict for the defendant in accordance with leave reserved. The plaintiff was observed to fall in an aisle in the store, and contemporaneously a cardboard carton, which had been stacked with others similar in type in the aisle some thirty-five or forty minutes before by an employee of the defendant, was seen “spinning *757in a circle rather fast” within two feet of the plaintiff’s feet. There was no evidence of the direct cause of the plaintiff’s fall which could be assigned only through conjecture or speculation. The record discloses no evidence of a failure of the defendant in its duty to the plaintiff as a business invitee.

John P. Donovan for the plaintiff. Robert D. Callahan for the defendant.

Exceptions overruled.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.