Yorra v. Lynch
Massachusetts Supreme Judicial Court
Two actions of tort, both by a minor by his next friend, for personal injuries sustained by the plaintiff on September 27, 1914, when he was leaning out of an open window in the tenement let to his father in the building numbered 155 on Leverett Street in Boston, by being struck on the left side of his head by a piece of metal that had become detached from some part of the building, the first action being against the owner of the building and the second action against the…
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Two actions of tort, both by a minor by his next friend, for personal injuries sustained by the plaintiff on September 27, 1914, when he was leaning out of an open window in the tenement let to his father in the building numbered 155 on Leverett Street in Boston, by being struck on the left side of his head by a piece of metal that had become detached from some part of the building, the first action being against the owner of the building and the second action against the tenant of the roof of the building. Writs dated respectively November 18, 1914, and August 2, 1915. In the Superior Court…
1Opinion of the CourtLoring, J.
The decision in Green v. Carigianis, 217 Mass. 1, is decisive of the main issue in the case at bar. In Green v. Carigianis, it was decided that the plaintiff made out a case by showing that while passing along the sidewalk he was struck by a slate which fell from the roof of a building in the occupation and control of the defendant. In the case at bar there was evidence that the plaintiff, while leaning out of a second story window of a building owned by and in the control of the defendant Lynch, was struck by a part of the capping of the party wall; that the building was owned by Lynch and…
2Cases cited5 opinions
- Flanagan v. WelchMassachusetts Supreme Judicial Court · 1915
- Wadsworth v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1903
- Wixon v. BruceMassachusetts Supreme Judicial Court · 1905
- McGee v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- Green v. CarigianisMassachusetts Supreme Judicial Court · 1914
3Cited by12 opinions
- Moss v. Grove Hall Savings BankMassachusetts Supreme Judicial Court · 1935
- Chalfen v. KraftMassachusetts Supreme Judicial Court · 1949
- Connors v. RichardsMassachusetts Supreme Judicial Court · 1918
- Patterson v. SternAppellate Court of Illinois · 1967
- Gilroy v. BadgerMassachusetts Supreme Judicial Court · 1938
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