City of Boston v. Gray
Massachusetts Supreme Judicial Court
Tort. The case was submitted to the Superior Court, and, after judgment for the defendants, to this court, on appeal, upon agreed facts, in substance as follows : One Mary A. McGuire recovered judgment against the city, of Boston for $775.77 damages, and $36.60 costs, for an injury received by her by falling on the sidewalk in the highway in front and a part of the estate No. 66 Hanover Street, in Boston.
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Tort. The case was submitted to the Superior Court, and, after judgment for the defendants, to this court, on appeal, upon agreed facts, in substance as follows : One Mary A. McGuire recovered judgment against the city, of Boston for $775.77 damages, and $36.60 costs, for an injury received by her by falling on the sidewalk in the highway in front and a part of the estate No. 66 Hanover Street, in Boston. The sole cause of the injury was the smoothness and slipperiness of the iron frame of a Hyatt light, which formed a part of said sidewalk. At the time of the accident, the defendants owned…
1Opinion of the CourtW. Allen, J.
The plaintiff relies upon two grounds to take this cáse out of the rule that the occupier of premises, and not the landlord, is under obligation to keep them in repair so as to be safe for the public. See Lowell v. Spaulding, 4 Cush. 277 ; Stewart v. Putnam, 127 Mass. 403.
It is contended that the excavation under the sidewalk was the nuisance, put there by the landlords and let by them to the tenants to be used by them. But the case finds that the excavation was properly there, and that its covering was properly made and placed and of proper materials, and that the accident happened because…
2Cases cited2 opinions
- Larue v. Farren Hotel Co.Massachusetts Supreme Judicial Court · 1874
- Stewart v. PutnamMassachusetts Supreme Judicial Court · 1879
3Cited by14 opinions
- Stone v. SullivanMassachusetts Supreme Judicial Court · 1938
- Runyon v. City of Los AngelesCalifornia Court of Appeal · 1919
- Coman v. AllesMassachusetts Supreme Judicial Court · 1908
- Rider v. ClarkCalifornia Supreme Court · 1901
- City of Boston v. A. W. Perry, Inc.Massachusetts Supreme Judicial Court · 1939
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