Home NELSON W. SMITH'S CASE.

349 Mass. 772

October 29, 1965

Decree affirmed. The employee was bent over engaged in inspecting parts in the employer's plant at a table which was about two and one-half to three feet high and had been so engaged for approximately two hours in a room where the temperature was between eighty-five to ninety degrees. He was working about fifteen feet from an open gas flame two and one-half feet long and three and one-half to four inches wide when he suffered a pain in his back and lost consciousness, as a result of which he sustained a laceration of the chin and other injury. He had never fainted before. There was no direct medical testimony that this episode of syncope arose out of his employment but the single member so found and was upheld by the reviewing board. Notwithstanding the insurer's contention to the contrary we are of opinion that medical testimony was not required in this uncomplicated case where the single member might "reasonably be permitted to relate incapacity to a specific injury or incident as a matter of general human knowledge and experience and without resort to what, in the absence of medical testimony, might partake of speculation and conjecture." Lovely's Case, 336 Mass. 512 , 516. See also Josi's Case, 324 Mass. 415 , 416.

Home MARY SKENIAN vs. RAYMOND'S INC.

349 Mass. 772

October 29, 1965

Exceptions overruled. The plaintiff, a business invitee of the defendant, was injured when she fell over the base of an electric fan six to eight feet in height. Three quarters of the base, which was eighteen to twenty-four inches in diameter, was located in a crowded passageway between two departments of the defendant's store which was conducting a sale in both departments. The defendant excepted to the denial of its motion for a directed verdict. The jury found for the plaintiff. There was no error. The plaintiff did not see the fan prior to her fall and the jury might have found that in the

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crowded passageway she might not see it. They could also have found that locating the fan as it did the defendant failed to discharge its duty to the plaintiff and that there was no contributory negligence. Parker v. Jordan Marsh Co. 310 Mass. 227 , 229. Burns v. Tedeschi's Super Mkts. Inc. 347 Mass. 773 . See Letiecq v. Denholm & McKay Co. 328 Mass. 120 .