Learoyd v. Godfrey
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to Thomas Booth, the plaintiff’s intestate, by stepping into a well on premises of which the defendant was the owner in fee, but which were let by him as hereinafter appears.
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Tort, for personal injuries occasioned to Thomas Booth, the plaintiff’s intestate, by stepping into a well on premises of which the defendant was the owner in fee, but which were let by him as hereinafter appears. Trial in the Superior Court, before Knowlton, J., who allowed a bill of exceptions in substance as follows : The premises are situated on the westerly side of School Street, in Taunton, and there were four buildings thereon, occupied by different tenants as residences, two on the line of the street and two in the rear. Between the two houses on School Street was a space eleven feet…
1Opinion of the CourtHolmes, J.
The jury were warranted in finding that the defendant was seised of the premises, and in possession and control of that part of them where the accident happened. It *323appeared from the defendant’s own testimony that he was actually the landlord, and had collected the rents since 1877. Daintry v. Brocklehurst, 3 Exch. 207. He spoke of having got possession, that is, as we understand it, of the whole premises; and there was evidence that he assumed to have control over the well into which the plaintiff’s intestate fell. There was also evidence that the sub-lessees of the premises had surrendered…
2Cases cited5 opinions
- Severy v. NickersonMassachusetts Supreme Judicial Court · 1876
- Lawless v. Connecticut River RailroadMassachusetts Supreme Judicial Court · 1883
- Amory v. KannoffskyMassachusetts Supreme Judicial Court · 1875
- Gilbert v. NagleMassachusetts Supreme Judicial Court · 1875
- Larue v. Farren Hotel Co.Massachusetts Supreme Judicial Court · 1874
3Cited by40 opinions
- Mounsey v. EllardMassachusetts Supreme Judicial Court · 1973
- Plummer v. DillMassachusetts Supreme Judicial Court · 1892
- Woodman v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1889
- Meiers v. Fred Koch BreweryNew York Court of Appeals · 1920
- Gordon v. CummingsMassachusetts Supreme Judicial Court · 1890
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