Leahan v. Cochran
Massachusetts Supreme Judicial Court
Tort to recover for injuries sustained by falling on the public sidewalk adjoining the defendant’s premises on East Newton Street in Boston on ice formed by reason of a conductor carrying water from the defendant’s roof to an open gutter crossing the sidewalk.
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Tort to recover for injuries sustained by falling on the public sidewalk adjoining the defendant’s premises on East Newton Street in Boston on ice formed by reason of a conductor carrying water from the defendant’s roof to an open gutter crossing the sidewalk. Writ dated April 28, 1899. At the trial in the Superior Court, before Sheldon, J., the plaintiff introduced evidence tending to show, that the defendant was the owner of the building and land at the corner of East Newton and James Streets in Boston from 1864 to and including December 21, 1898, and that during all that time a conductor…
1Opinion of the CourtHammond, J.
The evidence tended to show that affixed to the house of the defendant was a conductor, constructed and used for the purpose of carrying water from the roof to the public sidewalk adjoining; that there was a groove in the sidewalk, extending from the end of the conductor to the outer edge of the sidewalk ; that the water from the conductor had frozen in and about the groove upon the sidewalk, and that the plaintiff, while travelling in the exercise of due care over the ice, was injured. The evidence warranted a finding that in the winter the natural and probable result of the situation would…
2Cases cited6 opinions
- Inhabitants of New Salem v. Eagle Mill Co.Massachusetts Supreme Judicial Court · 1884
- Matthews v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
- Wenzlick v. . McCotterNew York Court of Appeals · 1881
- Hubbard v. RussellNew York Supreme Court · 1857
- Dodge v. StacySupreme Court of Vermont · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Field v. GowdyMassachusetts Supreme Judicial Court · 1908
- Kurtigian v. City of WorcesterMassachusetts Supreme Judicial Court · 1965
- Boutlier v. City of MaldenMassachusetts Supreme Judicial Court · 1917
- Hynes v. BrewerMassachusetts Supreme Judicial Court · 1907
- Dalton v. Great Atlantic & Pacific Tea Co.Massachusetts Supreme Judicial Court · 1922
39 more not listed; retrieve them via the Exa API.