Thornton v. Franklin Square House
Massachusetts Supreme Judicial Court
Tort against the Franklin Square House, a corporation organized under Pub. Sts. c. 115, for personal injuries sustained by the plaintiff on February 9, 1904, by reason of the falling of a fire escape attached to the defendant’s building, the plaintiff, who was lodging and boarding with the defendant for hire, having resorted to the fire escape when a part of the building was on fire.
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Tort against the Franklin Square House, a corporation organized under Pub. Sts. c. 115, for personal injuries sustained by the plaintiff on February 9, 1904, by reason of the falling of a fire escape attached to the defendant’s building, the plaintiff, who was lodging and boarding with the defendant for hire, having resorted to the fire escape when a part of the building was on fire. Writ dated November 5,1904. At the trial in the Superior Court Bond, J., at the close of the evidence ordered a verdict for the defendant on the ground that it was a charitable corporation. The plaintiff alleged…
1Opinion of the CourtBraley, J.
In Franklin Square House v. Boston, 188 Mass. 409, it was held that the defendant could be found to be a charitable corporation and as such exempt from taxation. The plaintiff in the present ease puts her right of recovery upon the ground that the evidence now abundantly proves or the jury to whom the question should have been submitted could find that the defendant is not a charitable but a private corporation, and hence is liable to her in damages for the injury which she received. The defendant was incorporated under the provisions of Pub. Sts. c. 115, without either capital or…
2Cases cited7 opinions
- McDonald v. Massachusetts General HospitalMassachusetts Supreme Judicial Court · 1876
- Farrigan v. PevearMassachusetts Supreme Judicial Court · 1906
- Minns v. BillingsMassachusetts Supreme Judicial Court · 1903
- Franklin Square House v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Massachusetts Society for the Prevention of Cruelty to Animals v. City of BostonMassachusetts Supreme Judicial Court · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Santa Rosa Infirmary v. City of San AntonioTexas Supreme Court · 1924
- Roosen v. Peter Bent Brigham HospitalMassachusetts Supreme Judicial Court · 1920
- Assessors of Boston v. Garland School of Home MakingMassachusetts Supreme Judicial Court · 1937
- Gamble v. Vanderbilt UniversityTennessee Supreme Court · 1917
- Tucker v. Mobile Infirmary Ass'nSupreme Court of Alabama · 1915
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