Shipley v. Fifty Associates
Massachusetts Supreme Judicial Court
Tout for injuries resulting to the plaintiff, and alleged to have been caused by the defendants’ negligence, from a fall of ice and snow upon her, February 1,1867, from the roof of the defendants’ building on Union Street, a highway in Boston, where she was travelling on foot.
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Tout for injuries resulting to the plaintiff, and alleged to have been caused by the defendants’ negligence, from a fall of ice and snow upon her, February 1,1867, from the roof of the defendants’ building on Union Street, a highway in Boston, where she was travelling on foot. After the decision reported 100 Mass. 251, the case was tried in this court, before the chief justice, at April term 1870. At the trial, there was evidence of these facts: The defendants owned the building, and the lot of land on which it stood, ever since 1824. It was four stories high, covered the whole lot, fronting…
1Opinion of the CourtAmes, J.
At the trial, the defendants, although they were permitted to show what precautions they had taken to guard against the accident, contented themselves with offering to prove that their building was as safe as any other in the city in respect to passengers ; that buildings with roofs like theirs were the only kind in use until within about ten years past; and that in this case no precaution could have been taken more than was taken in fact. Their defence proceeds upon the ground that the damage to the plaintiff was the result of an inevitable accident; that travellers in the streets in cities,…
2Cases cited3 opinions
- Shipley v. Fifty AssociatesMassachusetts Supreme Judicial Court · 1869
- Ball v. NyeMassachusetts Supreme Judicial Court · 1868
- Jewett v. SteerMassachusetts Supreme Judicial Court · 1850
3Cited by77 opinions
- Opinion of the Justices to the Senate & the House of RepresentativesMassachusetts Supreme Judicial Court · 1925
- Pennsylvania Coal Co. v. SandersonSupreme Court of Pennsylvania · 1886
- Gorham v. GrossMassachusetts Supreme Judicial Court · 1878
- Klepper v. Seymour House Corp. of Ogdensburg, Inc.New York Court of Appeals · 1927
- Clifford v. Atlantic Cotton MillsMassachusetts Supreme Judicial Court · 1888
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