Dalay v. Savage
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff, on December 17, 1883, by falling into a coal-hole in the sidewalk in front of a house on Wall Street, in Boston. Trial in the Superior Court, before Mason, J., who allowed a bill of exceptions, in substance as follows: There was evidence tending to show that the plaintiff, while in the exercise of due care, fell into the coal-hole in question.
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Tort for personal injuries sustained by the plaintiff, on December 17, 1883, by falling into a coal-hole in the sidewalk in front of a house on Wall Street, in Boston. Trial in the Superior Court, before Mason, J., who allowed a bill of exceptions, in substance as follows: There was evidence tending to show that the plaintiff, while in the exercise of due care, fell into the coal-hole in question. It was admitted that Wall Street then was, and for many years had been, a public street of the city of Boston; that said premises were conveyed to the defendant on November 3, 1883, by virtue of a…
1Opinion of the CourtField, J.
The defendant received a conveyance of the premises on November 3, 1883, having purchased them at a sale under a power contained in a mortgage. Breslin, on April 20, 1875, had become the owner of the equity of redemption, subject to this mortgage, and he occupied the premises from this date until after the accident, which, it was admitted at the argument, occurred on December 17, 1883.
On November 9, 1883, Breslin quitclaimed whatever title he had in the premises to the defendant, for which the defendant agreed to pay him $25, and Breslin remained in occupation, as the tenant at will of the…
2Cases cited5 opinions
- Irvine v. . WoodNew York Court of Appeals · 1872
- Owings v. JonesCourt of Appeals of Maryland · 1856
- City of Peoria v. SimpsonIllinois Supreme Court · 1884
- Leonard v. StorerMassachusetts Supreme Judicial Court · 1874
- Jackman v. MillsMassachusetts Supreme Judicial Court · 1884
3Cited by46 opinions
- Ahern v. . SteeleNew York Court of Appeals · 1889
- Miles v. JanvrinMassachusetts Supreme Judicial Court · 1907
- Clifford v. Atlantic Cotton MillsMassachusetts Supreme Judicial Court · 1888
- McNamara v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1909
- Whalen v. ShivekMassachusetts Supreme Judicial Court · 1950
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