Davis v. Rich
Massachusetts Supreme Judicial Court
Tort for injuries from the plaintiff falling by reason of a ridge of ice on the sidewalk adjoining a building owned and controlled by the defendant caused by water coming from a spout attached to the building. Writ dated January 17,1900. At the trial in the Superior Court, before Stevens, J., the jury returned a verdict for the plaintiff in the sum of 1800; and the defendant alleged exceptions.
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Tort for injuries from the plaintiff falling by reason of a ridge of ice on the sidewalk adjoining a building owned and controlled by the defendant caused by water coming from a spout attached to the building. Writ dated January 17,1900. At the trial in the Superior Court, before Stevens, J., the jury returned a verdict for the plaintiff in the sum of 1800; and the defendant alleged exceptions. The defendant’s request for a ruling numbered 13, which is mentioned near the end of the opinion but not stated, was as follows: “ Even if there was a hole or leak in the pipe or conductor in question…
1Opinion of the CourtHolmes, C. J.
This is an action for personal injuries caused by slipping upon a ridge of ice on a sidewalk and falling. There was evidence that the alleged ridge of ice was formed by the freezing of water from a pipe leading from a gutter to a sewer, that the water escaped through a hole in the pipe, or overflowed from the gutter and ran down the pipe on'the outside, or in some way was discharged by the pipe upon the sidewalk. The pipe was in the defendant’s control. The plaintiff had a verdict, and *236the case is here on the defendant’s exceptions to rulings and refusals to rule.
The plaintiff requested the…
2Cases cited7 opinions
- Irvine v. . WoodNew York Court of Appeals · 1872
- Wilson v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
- Leahan v. CochranMassachusetts Supreme Judicial Court · 1901
- Ball v. NyeMassachusetts Supreme Judicial Court · 1868
- City of Holyoke v. Hadley Co.Massachusetts Supreme Judicial Court · 1899
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3Cited by11 opinions
- Field v. GowdyMassachusetts Supreme Judicial Court · 1908
- Flynn v. ButlerMassachusetts Supreme Judicial Court · 1905
- Beauvais v. Springfield Institution for SavingsMassachusetts Supreme Judicial Court · 1939
- Johnson v. Prange-Geussenhainer Co.Wisconsin Supreme Court · 1942
- Bratton v. RudnickMassachusetts Supreme Judicial Court · 1933
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