Marston v. Phipps
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been caused by the plaintiff slipping on March 22,1906, upon a ridge of ice in front of premises numbered 341 on Main Street in that part of Boston called Charlestown. Writ dated May 19, 1906. Benjamin Phipps and Sarah C. Phipps were named as defendants in the writ. Benjamin died on May 1,1906, testate. There was an officer’s return of service upon Benjamin “ at his last and usual place of abode.”
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Tort for personal injuries alleged to have been caused by the plaintiff slipping on March 22,1906, upon a ridge of ice in front of premises numbered 341 on Main Street in that part of Boston called Charlestown. Writ dated May 19, 1906. Benjamin Phipps and Sarah C. Phipps were named as defendants in the writ. Benjamin died on May 1,1906, testate. There was an officer’s return of service upon Benjamin “ at his last and usual place of abode.” There was no appearance or answer on behalf of Benjamin’s heirs or legal representatives. Sarah appeared and filed an answer and a suggestion of the death…
1Opinion of the CourtSheldon, J.
This case was tried against the female defendant alone, the other defendant named in the writ being dead. There was evidence for the jury on the question of the plaintiff’s due care. Knowlton, C. J., in Cavanagh v. Block, 192 Mass. 63, 64, and cases cited. The jury could have found also that her injury was due to her having slipped on a ridge of ice upon the sidewalk. They could have found that the bay window on the defendant’s building projected beyond the street line and over the sidewalk, so that snow would and did accumulate upon its top and there melt and drip from the sloping planes…
2Cases cited10 opinions
- Field v. GowdyMassachusetts Supreme Judicial Court · 1908
- Readman v. ConwayMassachusetts Supreme Judicial Court · 1879
- Elliott v. HaydenMassachusetts Supreme Judicial Court · 1870
- Perkins v. RiceMassachusetts Supreme Judicial Court · 1904
- Hynes v. BrewerMassachusetts Supreme Judicial Court · 1907
5 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- MacDonald v. AdamianMassachusetts Supreme Judicial Court · 1936
- Stith v. J. J. Newberry Co.Supreme Court of Missouri · 1935
- Donnelly v. LarkinMassachusetts Supreme Judicial Court · 1951
- Garland v. StetsonMassachusetts Supreme Judicial Court · 1935
- Gladys Smith v. J. C. Penney CompanyCourt of Appeals for the Seventh Circuit · 1958
32 more not listed; retrieve them via the Exa API.