Erhard v. F.W. Woolworth Co.

Full title: MARY W. ERHARD another vs. F.W. WOOLWORTH Co

Court: Appeals Court of Massachusetts

Date published: Jan 26, 1977

5 Mass. App. Ct. 770 (Mass. App. Ct. 1977)

359 N.E.2d 66

Opinion

January 26, 1977.

James T. Ronan for the defendant.

David A. McLaughlin for the plaintiffs.

The case was properly decided on the authority of Koshland v. American Woolen Co. 289 Mass. 308, 311 (1935), and like cases. If there is to be any change in the rule expounded in those cases, it will have to come from the Legislature or the Supreme Judicial Court. See and compare McCoy, petitioner, 2 Mass. App. Ct. 893 (1974); Hampshire Nat'l Bank v. Calkins, 3 Mass. App. Ct. 697, 699 (1975).

Judgment affirmed.