Ainsworth v. Lakin
Massachusetts Supreme Judicial Court
Tort for damage to property of the plaintiff caused by the falling of a wall alleged to have been upon the land and within the control of the defendant’s intestate, which had been left standing after the building of which it formed a part had been destroyed by fire. Writ dated December 2, 1899. At the trial in the Superior Court, before AOcen, J., the jury returned a verdict for the plaintiff in the sum of $4,257.28; and the defendant alleged exceptions.
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Tort for damage to property of the plaintiff caused by the falling of a wall alleged to have been upon the land and within the control of the defendant’s intestate, which had been left standing after the building of which it formed a part had been destroyed by fire. Writ dated December 2, 1899. At the trial in the Superior Court, before AOcen, J., the jury returned a verdict for the plaintiff in the sum of $4,257.28; and the defendant alleged exceptions. The case was argued at the bar in September, 1901, and after-wards was submitted on briefs to all the justices.
1Opinion of the CourtKnowlton, J.
The defendant’s intestate was the owner of the land and of the first two stories of the building which stood upon it before the fire. The third story had been conveyed by the former owners to Lewis, Noble and Laflin, trustees, to hold during the life of the building. By the fire the life of the building was destroyed, and the ownership of Lewis and others in the third story was terminated. Ainsworth v. Mount Moriah Lodge, 172 Mass. 257. The defendant’s intestate was left with his land and the walls and some other parts of the first and second stories standing upon it, and with the walls of…
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