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Krejmas v. Cumberland Farms Dairy Stores, Inc.

Lawrence Krejmas v. Cumberland Farms Dairy Stores, Inc.

Krejmas v. Cumberland Farms Dairy Stores, Inc., 347 N.E.2d 690 (Mass. App. Ct. 1976)
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Court
Massachusetts Appeals Court · State Appellate Courts
Decided
May 25, 1976
Citations
347 N.E.2d 6904 Mass. App. Ct. 811

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

There was evidence from which the jury could find that the plaintiff slipped and fell on ice or snow which the defendant had negligently permitted to accumulate in the recessed entrance way to its store. The defendant was responsible for maintaining the entrance way in a reasonably safe condition for visitors’ use. Schallinger v. Great Atl. & Pac. Tea Co. 334 Mass. 386, 390 (1956). Whether because the entrance way was within the scope of the original declaration (the “defendant’s sidewalk”) or because there was no abuse of discretion in allowing the amendment to the declaration (compare Melanson v. Smith, 282 Mass. 85, 86-87 [1933]; Gallagher v. Wheeler, 292 Mass. 547, 550-552 [1935]; Coburn v. Moore, 320 Mass. 116, 123-124 [1946]; Koleshinski v. David, 328 Mass. 276, 281 [1952]; see also Pizer v. Hunt, 253 Mass. 321, 330-332 [1925]; Bucholz v. Green Bros. Co. 290 Mass. 350, 352-355 [1935]), the defendant’s claim of variance must fail. There was evidence which warranted a finding that the plaintiff’s wife delivered to the defendant a notice signed by the plaintiff, which, taken together with the notice introduced in evidence (see Roland v. Kilroy, 282 Mass. 87, 90 [1933]; Ajamian v. Watertown, 317 Mass. 242, 244 [1944]), satisfied the requirements of G. L. c. 84, § 21.

Judgment is to enter on the verdicts.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

1983: 11986: 119832026peak 1983 · 1

Relies on it most ⓘ

  1. David Goldman v. United States790 F.2d 181 (1st Cir. 1986)
  2. Voci v. Sears1983 Mass. App. Div. 107 (1983)

Most recent

  1. David Goldman v. United States790 F.2d 181 (1st Cir. 1986)
  2. Voci v. Sears1983 Mass. App. Div. 107 (1983)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 9

DepthCaseCited by
Pizer v. Hunt, 148 N.E. 801 (Mass. 1925) 79
Gallagher v. Wheeler, 198 N.E. 891 (Mass. 1935) 39
Bucholz v. Green Bros., 195 N.E. 318 (Mass. 1935) 26
Coburn v. Moore, 68 N.E.2d 5 (Mass. 1946) 23
Roland v. Kilroy, 184 N.E. 367 (Mass. 1933) 15
Schallinger v. Great Atl. & Pac. Tea Co., 135 N.E.2d 655 (Mass. 1956) 13
Melanson v. Smith, 184 N.E. 382 (Mass. 1933) 11
Koleshinski v. David, 103 N.E.2d 262 (Mass. 1952) 10
Ajamian v. Town of Watertown, 57 N.E.2d 642 (Mass. 1944) 3

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