Legal Opinion

Gallagher v. Murphy

Massachusetts Supreme Judicial Court

Decided May 24, 1915PublishedCited by 45 opinions

Tort for personal injuries sustained by the plaintiff on January 8, 1913, when she was leaving the apartment of her son on the third floor of the tenement house of the defendant numbered 9 on Ohio Street in Boston, by reason of the unsafe, dangerous, dark and insufficiently lighted condition of the hallways and stairways of that building, which were under the management and control of the defendant.

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Tort for personal injuries sustained by the plaintiff on January 8, 1913, when she was leaving the apartment of her son on the third floor of the tenement house of the defendant numbered 9 on Ohio Street in Boston, by reason of the unsafe, dangerous, dark and insufficiently lighted condition of the hallways and stairways of that building, which were under the management and control of the defendant. Writ dated February 3, 1913. In the Superior Court the case was tried before Dana, J., who at the close of the plaintiff’s evidence, which is described in the opinion, ruled that on all the…

1Opinion of the CourtRugg, C. J.

The plaintiff according to her own testimony received, in a tenement house owned by the defendant, personal injuries under these circumstances: As she left the apartment of her son: at about half past five o’clock on a January afternoon, the door opening into the common hallway closed behind her and thereupon she found herself in darkness while on the point of stepping in the usual way, as she supposed, upon a landing, but in fact at a stair, and she fell. She was familiar with the place. There was evidence that whenever she had left her son’s apartment after dark on previous occasions, a gas…

2Cases cited9 opinions

  1. Miles v. JanvrinMassachusetts Supreme Judicial Court · 1907
  2. Marwedel v. CookMassachusetts Supreme Judicial Court · 1891
  3. Miles v. JanvrinMassachusetts Supreme Judicial Court · 1909
  4. Flanagan v. WelchMassachusetts Supreme Judicial Court · 1915
  5. Domenicis v. FleisherMassachusetts Supreme Judicial Court · 1907

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3Cited by45 opinions

  1. Crowe v. BixbyMassachusetts Supreme Judicial Court · 1921
  2. Donnelly v. LarkinMassachusetts Supreme Judicial Court · 1951
  3. Wynn v. SullivanMassachusetts Supreme Judicial Court · 1936
  4. Lyons v. LichOregon Supreme Court · 1933
  5. Huus v. RingoNorth Dakota Supreme Court · 1949

40 more not listed; retrieve them via the Exa API.

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